Centre Reconsiders ‘Safe Harbour’ Clause in IT Act Amid Fake News Concerns

In an effort to tackle the growing menace of fake news and misinformation on digital platforms, the Government of India is planning to revise the “safe harbour” provisions under Section 79 of the Information Technology Act, 2000. The Ministry of Information and Broadcasting (I&B), in its submission to the Parliamentary Standing Committee on Communication and Information Technology, highlighted the need to make social media intermediaries more accountable for the content hosted on their platforms.

Why in News?

The Parliamentary Standing Committee, headed by BJP MP Nishikant Dubey, convened on May 7, 2025, to review the government’s measures against fake news following the Pahalgam terror attack. This attack prompted the government to block several YouTube channels—including Indian ones—for spreading disinformation. The I&B Ministry stated that current protections under the safe harbour clause might be reworked to ensure intermediaries take proactive steps against such content.

What is Safe Harbour?

• A legal provision protecting intermediaries (like social media platforms) from liability for user-generated content.
• Section 79 of the IT Act grants this protection as long as platforms follow government rules and remove unlawful content once notified.

Why is the Clause Being Revisited?

• Rise in fake news, deepfakes, cyber frauds, and AI-generated misinformation.
• Concerns over national security, especially after the Pahalgam terror attack.
• Platforms allegedly slow in complying with takedown requests.

Government’s Stand

• Platforms must proactively moderate content.
• Current legal immunity might be revoked for platforms failing to comply.
• The Fact Check Unit under the PIB needs statutory backing to label fake news, especially about government programs.

IT Rules and Legal Developments

• 2021 IT Rules: Intermediaries must have grievance and nodal officers in India.
• 2023 Amendment: Proposed stripping safe harbour for content marked fake by PIB.
• Bombay HC Verdict: Struck down the Fact Check Unit’s authority as unconstitutional. The government plans to challenge this in the Supreme Court.

Planned Legislation

• The Digital India Act (DIA) is in the pipeline to replace or revamp the IT Act.
• The DIA may define intermediary accountability, content moderation standards, and revised safe harbour rules.

Global Context

• In the USA, Section 230 of the Communications Act offers similar protections.
• Both Presidents Biden and Trump criticized it—Biden for extremist content, Trump for alleged bias against conservatives.