📅 May 7, 2025, Post 9: Safe Harbour Under Fire: Government Mulls Overhaul of Platform Immunity Rules | Target IAS-26 MCQs Attached: A complete Package, Dear Aspirants!
Safe Harbour Under Fire: Government Mulls Overhaul of Platform Immunity Rules
🔹 NEWS DROP — PETAL 009
📅 May 7, 2025
🎯 GS Paper 2 | Governance – IT Laws, Freedom of Speech, Fake News Regulation
🌀 Intro Whisper
As platforms become publishers and posts turn perilous, the question arises—how long can the harbour remain safe?
🔍 Key Highlights
- The Centre is planning to revisit guidelines under Section 79 of the IT Act, which offers safe harbour immunity to intermediaries like YouTube, Facebook, and X.
- This move follows the Pahalgam terror attack, after which several YouTube channels were blocked for spreading fake news.
⚖️ Understanding Section 79 – Safe Harbour Provision
- Grants intermediaries immunity from liability for third-party content if they:
- Act as passive conduits
- Remove unlawful content when notified under Section 79(3)(b)
- Loses protection if platforms fail to act on unlawful content once they have actual knowledge or government notice.
⚖️ Section 69A – Blocking Powers
- Allows the Central Government to block public access to content for reasons like:
- National security
- Public order
- Backed by procedural safeguards under the 2015 Shreya Singhal Supreme Court judgment.
📢 Recent Developments
- Govt is not planning a new law due to free speech concerns, but:
- May push for self-regulation
- Supports giving statutory authority to PIB Fact Check Unit
- The MeitY is appealing a Bombay High Court ruling that limited the Unit’s powers and its role in determining safe harbour violations.
🧭 GS Paper Mapping
GS2: Polity – Rights and Reasonable Restrictions on Free Speech
GS2: Governance – IT Act, Media Regulation
GS3: Internal Security – Fake News, Cyber Law
Target IAS-26: Daily MCQs :
📌 Prelims Practice MCQs
Topic:
🧠 Prelims MCQ (Type 2 – Two Statements)
Q. Consider the following statements with reference to intermediary regulation in India:
Section 69A of the IT Act allows the Press Information Bureau (PIB) to block content without court oversight.
Section 79 of the IT Act provides conditional immunity to intermediaries from content posted by users.
Which of the above statements is/are correct?
A) Only 1 is correct
B) Only 2 is correct
C) Both are correct
D) Neither is correct
🌀 Didn’t get it? Click here (▸) for the Correct Answer & Explanation
✅ Correct Answer: B) Only 2 is correct
🧠 Explanation:
• Statement 1 – Incorrect: Section 69A empowers the Central Government, not PIB, to block content, and such action must follow SC-guided safeguards (Shreya Singhal, 2015).
• Statement 2 – Correct: Section 79 offers safe harbour to intermediaries if they act promptly when notified of unlawful content.
