UPSC Notes

Intermediary Liability and Safe Harbour under IT Act, 2000

PYQs

12

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

This legal framework is critical for understanding digital governance, the regulation of online content, the balance between freedom of speech and platform responsibility, and the government's role in the digital ecosystem. It's a frequently debated topic in the context of digital rights and platform accountability.

Section 79 of the Information Technology Act, 2000, provides 'safe harbour' protection to online intermediaries, exempting them from liability for third-party content hosted on their platforms, provided they adhere to due diligence requirements. The IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, further elaborate on these due diligence requirements and content moderation obligations.

Phase IIStatic core

Facts & tables

Key facts

Section 79, IT Act

Grants conditional immunity to intermediaries for third-party content.

Conditions for Immunity

Intermediaries must exercise due diligence and remove unlawful content upon notice.

IT Rules, 2021

Expand due diligence requirements, introduce grievance redressal mechanisms, and specify content takedown timelines.

Revocation

Immunity is not blanket; it can be lost for specific content or instances if conditions are not met.

Related topics

Practice writing on this topic

UPSC has asked 12 linked questions on Intermediary Liability and Safe Harbour under IT Act, 2000 in Mains. Write an answer to one — and get it evaluated.

UPSC Prelims PYQs on Intermediary Liability and Safe Harbour under IT Act, 2000

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