Why in News?
The Karnataka High Court rejected X Corp.’s plea against takedown orders under Section 79 of the IT Act, emphasizing that social media must be regulated to protect citizens’ dignity, particularly against offences targeting women, and uphold accountability.
Description:
Legal Basis:
- Act: Information Technology (IT) Act, 2000 (amended 2008, 2015)
- Purpose: Governs cyber activities, digital transactions, electronic governance; regulates intermediaries and protects cybersecurity.
Key Provision – Section 79:
- Provides safe harbour protection to intermediaries (social media platforms, ISPs, online marketplaces) for third-party content.
- Condition: Intermediaries must act as neutral hosts and exercise due diligence.
Immunity Loss:
Immunity is revoked if:
- Intermediary actively participates in content creation.
- Fails to remove unlawful content after government or court notice.
- Disregards legal orders under Article 19(2) restrictions (national security, defamation, incitement to violence).
Important Sub-Section:
- Section 79(3)(b): Intermediaries lose immunity if they do not remove illegal content after government notification.
Related Case Law:
- Shreya Singhal vs Union of India (2015):
- Confirmed that intermediaries enjoy safe harbour only if they comply with court/government orders.
- Ensures Article 19(2) restrictions are followed.
Government Platform – Sahyog Portal:
- Developed by Ministry of Home Affairs to:
- Automate issuance of content removal notices.
- Coordinate between government agencies and digital intermediaries.
- Track, monitor, and enhance transparency in content regulation.
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