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- A senior government official tells Forbes India that the loss of safe harbour provision does not mean that an intermediary ceases to be an intermediary and turns into a publisher. It just means that it becomes an intermediary without immunity from liability for third party content.
www.forbesindia.com/article/take-one-big-story-of-the-day/what-does-it-mean-to-lose-safe-harbour/68573/1
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Jun 17, 2021 · A senior government official tells Forbes India that the loss of safe harbour provision does not mean that an intermediary ceases to be an intermediary and turns into a publisher. It...
- Delhi High Court
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- Delhi High Court
Jun 4, 2020 · It is a provision of the Income Tax Act that specifies that from the perspective of Transfer Pricing (TP) provisions, if the assessee fulfils certain defined circumstances, the Income Tax authorities shall accept the TP declared by the taxpayer.
- Introduction
- What Is A Safe Harbour Provision
- Who Are Intermediaries and What Do They Do
- Reasons For Introducing Safe Harbour Provisions
- Safe Harbour Provisions in India
- Safe Harbour Provisions in The Us
- Conclusion
- References
The Internet and social media have become an inevitable part of life in today’s world. There exists no business without an online platform. Almost all kinds of commercial trade require an online presence to become successful. From online shopping to big business dealings and e-commerce- everything is done digitally, like advertisements, customer fe...
A safe harbour is a provision in a statute or a regulation that specifies that certain infracting conduct will be deemed not to violate a given rule. A safe harbour provision is a legal provision to eliminate legal liability in certain situations as long as certain conditions are met. Safe harbour acts as a protective shield against any legal liabi...
Section 2(w) of the Information Technology Act 2000 defines an “intermediary” with respect to any particular electronic record as “any person who, on behalf of another person, receives, stores, or transmits that record or provides any service with respect to that record, which includes telecom service providers, network service providers, internet ...
The safe harbour protection for e-commerce marketplaces is an important aspect that deserves careful consideration. The concept of safe harbour under Section 79 of the IT Act, 2000, acts as a defence for the intermediaries, but there are some instances where Intellectual Property Rights (IPR) are openly violated by the intermediaries. Safe harbour ...
Any social media intermediary will not be subject to legal action for any third-party information they provide or host, according to Section 79 of the IT Act, 2000. It further implies that the available protection shall be applicable only when the said intermediary does not initiate the transmission of the message or modify any information containe...
Internet service providers are typically immune from responsibility for the content users upload on their networks under U.S. law. The United States Department of Justice (DOJ) examined Section 230 of the Communications Decency Act of 1996 as part of a broader investigation into social networking websites. This section shields online platforms from...
Non-compliance would inevitably mean that the intermediaries would be deprived of claiming the advantage of the safe harbour principle and eventually become liable for acts committed by their users, even though the intermediary was uninformed about the same. It is more likely that third parties would be perturbed and file constitutional challenges ...
Mar 10, 2023 · Section 79 states that safe harbour wouldn't be given if the intermediary "fails to expeditiously" take down a post or remove a particular content even after the government...
However, the safe harbour programme received a tepid response from taxpayers in India, due to perceived high margins and ambiguity in the classification of services. The CBDT has now, vide a notification2 dated 7 June 2017, revised the existing safe harbour rules in India.
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Jun 21, 2024 · The 'safe harbour' clause was introduced in 2015 to encourage offshore investments in India. In a meeting with Union Finance Minister Nirmala Sitharaman on June 20, capital-market participants...
However, the said definition has been modified to provide that income or loss on transfer of those assets or investments whose depreciation is included in the operating expenses, shall be considered as operating in nature. This would mean that where a capital asset on which depreciation is reckoned, is disposed of such
