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- The basic premise of safe harbour protection is: since social media platforms cannot control at the first instance what users post, they should not be held legally liable for any objectionable content that they host, provided they are willing to take down such content when flagged by the government or courts.
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Are social media and digital streaming platforms 'intermediary safe harbour'?
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What is'safe Harbour' in cyberspace?
Mar 10, 2023 · What is 'safe harbour'? *One of the most debated issues is 'safe harbour for social media intermediaries.' The 'safe harbour' concept affects social media, e-commerce and AI-based platforms....
Sep 4, 2024 · Under The Information Technology Rules, 2021, social media companies with more than 5 million Indian users have to appoint a chief compliance officer who can be held criminally liable if the platform does not adhere to a takedown request, or violates other norms.
- Scope
- Safe Harbour Principle
- Intermediaries and Liability
- Legal Challenges to It Rules 2021
- Conclusion
While the IT Rules 2011 regulated all “intermediaries” without any distinction in terms of their user base or the content hosted on their platform, the IT Rules 2021 are divided into two parts based on their applicability. Part II regulates intermediaries and Part III is applicable to digital media including publishers of news and current affairs o...
Section 79 of the Information Technology Act 2000 introduced the safe harbour immunity clause that protected an intermediary from being held liable for third-party content on its platform – provided that the intermediary observed ’due diligence’ as prescribed by the Central Government. In cases where the ‘due diligence’ was not followed by the inte...
The main function of an intermediary is to receive, store and transmit the information which it has received. An intermediary plays no role whatsoever in creating such information. The users (i.e., third parties) are the ones who create the content or information that is received by the intermediary and transmitted to other users. The intermediary ...
Delhi High Court issued a notice on a petition filed by Quint Digital Media Ltd, which owns the online news portal ‘The Quint’, challenging the constitutional validity of the IT Rules 2021, to the...The Kerala High Court issued a notice to the Centre on a petition filed by Live Law in this regard. The High Court also passed an interim order restraining coercive action under Part 3 of the Rules...WhatsApp has also filed a Writ Petition challenging the requirement in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 that private messaging intermedi...In recent times, we are already witnessing the battle between the Indian Central Government and Twitter – India regarding ‘compliance’ as mentioned in the IT Rules 2021, but since the IT Rules 2021 are self-explanatory, non-compliance would automatically mean that the intermediaries would not be able to claim the safe harbour principle and therefor...
May 26, 2021 · Explained: Social media and safe harbour. New rules have come into effect, taking away the protection granted to social media intermediaries under Section 79 of the IT Act if they fail to comply. What is this protection, and in what circumstances is it lost? Written by Aashish Aryan. New Delhi | Updated: June 2, 2021 14:04 IST. 7 min read.
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Jul 20, 2021 · Section 79 of the Information Technology Act 2000 introduced the safe harbour immunity clause that protected an intermediary from being held liable for third-party content on its platform - provided that the intermediary observed 'due diligence' as prescribed by the Central Government.
May 27, 2021 · Global norms on safe harbour protection. As most of the bigger social media intermediaries have their headquarters in the US, the most keenly watched is Section 230 of the 1996 Communications Decency Act. This provides Internet companies a safe harbour from any content users post of these platforms.
Aug 26, 2023 · Safe harbour is the principle that so-called ‘intermediaries’ on the internet are not responsible for what third parties post on their website. This is the principle that allows social media platforms to avoid liability for posts made by users.
