Explainer: No social media sans safe harbour

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Key Points

Under Section 79 of IT Act 2000, intermediaries such as Twitter, Facebook etc are protected from any legal liability for content posted on their platforms by the users...

The debate on safe-harbour protection for social media companies is again raging, with the government starting discussions on whether they should have such protection in the first place, as opposed to the earlier stance of warning them of revocation of such cover for violation of rules..

However, under Indias IT Rules, they are tasked with due diligence and removal of any illegal content or misinformation, as defined by the law, within 72 hours.. Behind the government relooking safe harbour cover..

While experts are mostly aligned on the aspect of different regulations for different intermediaries, for social media companies, they want the government to retain the safe harbour cover..

Increasing the platforms accountability obligations by diluting the safe harbour protection is not a sustainable approach, they said, adding that the cover should be withdrawn only if the intermediaries, despite receiving an actual knowledge regarding the illegality of content, fail to take action..

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