Indian Government to Replace Safe Harbour Protections, Impacting Tech Companies and Online Speech
The Indian government is reportedly considering a change to the longstanding safe harbour protections in the upcoming Digital India Bill. Currently, under Section 79 of the Information and Technology Act, intermediaries or platforms in India are protected from being held liable for third-party content they host. However, sources have revealed that the government may grant itself powers to issue safe harbour license-like certifications and outline specific conditions for companies eligible for these protections.
This potential shift in the status quo could have significant implications for tech companies and free speech online. Safe harbour laws have been instrumental in facilitating the growth of the internet and protecting platforms from liability for user-generated content. Without these protections, tech companies may have struggled to thrive if they were held accountable for every piece of content produced by their users.
The proposed change comes as some of India’s top IT ministers express dissatisfaction with how safe harbour protections have been applied in the past. Concerns have been raised about the rise of toxic and misleading content online, prompting a reassessment of the need for these protections. The minister of state for IT, Rajeev Chandrasekhar, questioned whether safe harbour provisions were necessary considering that platforms now have more control over the content shared on their platforms.
The Digital India Bill is expected to introduce different regulations for various categories of intermediaries, such as e-commerce platforms, digital media, search engines, gaming platforms, OTTs, telecom service providers, ad-tech companies, and significant social media intermediaries. The bill may also include provisions on data ownership standards, disclosure norms, and monetization rules for user and platform-generated content.
Additionally, the bill could address issues of user harm, including cyber flashing, the dark web, defamation, revenge porn, doxxing, and cyberbullying. It may also propose age-gating for addictive technologies and stronger protections for children’s data on social media, gaming, and betting platforms.
While the potential changes aim to address concerns over online harms and misinformation, they could also have unintended consequences for the digital economy and free speech. Striking the right balance between regulation and innovation will be crucial for the future of the tech industry in India.
The Indian government is expected to draft the Digital India Bill, which will replace the existing Information and Technology Act, in the coming month. The bill’s provisions will be closely watched by stakeholders and tech companies operating in the country.
