Safe harbour at risk: The Hindu Editorial on the impact of the proposed Digital India Act, 2023
The HinduIn formally outlining the crux of the proposed Digital India Act, 2023, the Minister of State, IT, Rajeev Chandrasekhar, made a case for a robust replacement of the IT Act, 2000, which is somewhat obsolete now. He ominously added a question that the government sought to revisit: “should there be a ‘safe harbour’ at all for all intermediaries?” This acquires significance as the government has been working towards increasing the compliance burden on Internet intermediaries, in particular in the IT Rules 2021 and its later amendments. These Rules themselves had put the onus on social media intermediaries to arbitrate on content on their platforms with regulations that were weighted in favour of the government of the day, and had invited legal appeals as digital news media platforms among others questioned the constitutionality of the Rules. Regulation of hate speech and disinformation on the Internet is a must and intermediaries, including digital news media and social media platforms, have an accountable role to play. Safe harbour provisions, in particular Section 230 of the U.S. Communications Decency Act, 1996, that explicitly provided immunity to online services with respect to user-generated content had gone a long way in catalysing the Net’s development.