Why in News?
The Ministry of Electronics & IT is amending the IT Rules, 2021, to allow only senior officials (JS/DIG and above) to issue content-blocking notices under Section 79(3)(b) of the IT Act, enhancing accountability and specifying legal grounds.
Description:
About the IT Act, 2000:
- India’s primary law governing digital and cyber activities.
- Provides legal framework for:
- Cybersecurity and prevention of cybercrimes.
- Recognition of digital signatures and e-authentication.
- Regulation of intermediaries and digital transactions.
- Amended in 2008 and 2015 to address emerging cyber challenges.
Key Provisions Relevant to Digital Regulation:
| Section | Provision | Key Features |
| 69A | Content Blocking Power | Govt. can block access to online info for sovereignty, security, public order, etc. Upheld in Shreya Singhal v. Union of India (2015). |
| 79 | Intermediary Liability (“Safe Harbour”) | Protects intermediaries from liability for user-generated content if they act as neutral hosts. |
Section 79 – Intermediary Liability:
- Grants immunity (safe harbour) to intermediaries (social media, e-commerce, ISPs) for third-party content, if they:
- Act as neutral platforms.
- Follow due diligence prescribed under IT (Intermediary Guidelines) Rules.
- Section 79(3)(b): Immunity is lost if the intermediary fails to remove unlawful content after receiving a court order or government notification.
Who Qualifies as an Intermediary?
Entities that store, transmit, or provide access to third-party information, e.g.:
- Social media platforms (X, Facebook)
- Search engines
- E-commerce sites (Amazon, Flipkart)
- Internet service providers (Jio, Airtel)
About Sahyog Portal:
- Developed by: Ministry of Home Affairs (MHA).
- Purpose: Automate and track content removal notices under IT Act.
- Functions:
- Centralized interface between govt. agencies and intermediaries.
- Tracks takedown requests and compliance.
- Enhances transparency and accountability in digital content regulation.
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