Editor's Pick: IT Act overhaul reconsiders “safe harbour” for social media

On Thursday, the Union government outlined the Digital India Act, 2023, which will overhaul the Information Technology Act, 2000, in a presentation by the Minister of State for Electronics and Information Technology Rajeev Chandrashekar. The focus of the change will be the safe harbour principle, which allows so-called ‘intermediaries’ on the Internet to escape liability for what third parties post on their website. Such intermediaries include content-hosting and social media platforms ranging from Twitter and Facebook to Reddit. Regulations such as the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, have sought to rein in this safe harbour or “liability shield”, directing platforms to take down posts if mandated by the government, or by law. The new law will also address topics such as Artificial Intelligence (AI), deepfakes, cybercrime, competition, and data protection. It will also tackle complex new forms of online user harms such as catfishing, doxxing, trolling, and phishing. No timeline has been provided for the draft’s introduction in Parliament. The government has said it will hold multiple rounds of public and stakeholder consultations for the draft. In an interview with The Hindu in April 2022, Mr. Chandrasekhar said that there was a need to ensure that “we cannot be unplugged; intermediaries will have to play by the rules and laws of India.” “The weaponisation of the Internet, or “splinternet” is something we need to plan not being vulnerable to. It is an objective for us”, he added. The principle of safe harbour is also the focal point of two lawsuits currently underway in the U.S Supreme Court, centred on Section 230 of the U.S Communications Decency Act of 1996, described as the “26 words that created the internet”. While one case, Gonzalez vs. Google, was filed by the family of Nohemi Gonzalez, a 23-year-old American killed in the 2015 Paris terror attacks, the second, Twitter v. Taamneh, was filed by the family of a Jordanian citizen killed in a 2017 ISIS attack in Istanbul. The government announced in May 2022 that it was working on norms to increase platforms’ accountability for their content, which may dilute safe harbour rules. In 2020, then Minister for Electronics and IT Ravi Shankar Prasad also discussed overhauling the IT Act to tackle cybercrimes. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. Click here. The Hindu’s Editorials Free of opposition: On politics in Nagaland after the election Stopping the boats: On the U.K.’s new ‘Illegal Migration Law’ The Hindu’s Daily News Quiz Thousands of girls across this country have been subject to poison attacks over the last few months. This has taken place in which country? Iran Pakistan Afghanistan Iraq To know the answer to the quiz, click here [logo] Editor's Pick 10 March 2023 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( IT Act overhaul reconsiders “safe harbour” for social media On Thursday, the Union government outlined [the Digital India Act, 2023, which will overhaul the Information Technology Act, 2000]( in a presentation by the Minister of State for Electronics and Information Technology Rajeev Chandrashekar. The focus of the change will be the safe harbour principle, which allows so-called ‘intermediaries’ on the Internet to escape liability for what third parties post on their website. Such intermediaries include content-hosting and social media platforms ranging from Twitter and Facebook to Reddit. Regulations such as the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, have sought to rein in this safe harbour or “liability shield”, directing platforms to take down posts if mandated by the government, or by law. The new law will also address topics such as Artificial Intelligence (AI), deepfakes, cybercrime, competition, and data protection. It will also tackle complex new forms of online user harms such as catfishing, doxxing, trolling, and phishing. No timeline has been provided for the draft’s introduction in Parliament. The government has said it will hold multiple rounds of public and stakeholder consultations for the draft. [In an interview with The Hindu](  in April 2022, Mr. Chandrasekhar said that there was a need to ensure that “we cannot be unplugged; intermediaries will have to play by the rules and laws of India.” “The weaponisation of the Internet, or “splinternet” is something we need to plan not being vulnerable to. It is an objective for us”, he added. The principle of safe harbour is also the [focal point of two lawsuits currently underway in the U.S Supreme Court]( centred on Section 230 of the U.S Communications Decency Act of 1996, described as the  “26 words that created the internet”. While one case, Gonzalez vs. Google, was filed by the family of Nohemi Gonzalez, a 23-year-old American killed in the 2015 Paris terror attacks, the second, Twitter v. Taamneh, was filed by the family of a Jordanian citizen killed in a 2017 ISIS attack in Istanbul. The government announced in May 2022 that it was working on norms to [increase platforms’ accountability for their content]( which may dilute safe harbour rules. In 2020, then Minister for Electronics and IT Ravi Shankar Prasad also discussed [overhauling the IT Act]( to tackle cybercrimes. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. [Click here.]( The Hindu’s Editorials [Arrow][Free of opposition: On politics in Nagaland after the election]( [Arrow][Stopping the boats: On the U.K.’s new ‘Illegal Migration Law’Â]( The Hindu’s Daily News Quiz Thousands of girls across this country have been subject to poison attacks over the last few months. This has taken place in which country? - Iran - Pakistan - Afghanistan - Iraq To know the answer to the quiz, [click here]( Are you a book lover looking for your next literary adventure? Look no further than “The Hindu On Books” weekly newsletter! We scour the shelves to bring you the best new releases and hidden gems in all genres. With in-depth book reviews and recommendations, you can trust that you will find your next literary love here. Sign up now and discover your next favorite book!" 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