India
The parliamentary standing committee on home affairs has recommended that the ministry of electronics and information technology (MeitY) review the safe harbour protections currently available to intermediaries such as social media companies under the Information Technology Act. The committee stressed the need for a careful balance between granting liability immunity to platforms and ensuring greater accountability when they fail to act on unlawful content.
The recommendation was made in the 254th report of the committee, titled ‘Cyber Crime – Ramifications, Protection and Prevention’, tabled in Parliament on Wednesday. These protections, outlined under Section 79 of the IT Act, currently shield intermediaries from liability for the actions of their users, provided they follow government-prescribed guidelines.
The committee has urged MeitY, in coordination with the ministries of home and law, to amend the IT Act so social media platforms could be held legally accountable if they ignore takedown orders. Suggestions included graded penalties, fines, or even suspension for repeat violations, while safeguarding due process and appeal rights to protect free speech.
“The Committee has observed that certain social media intermediaries at times fail to cooperate with law enforcement agencies and legal provisions in promptly removing unlawful content, including morphed videos, fake profiles, misinformation and content promoting violence based on religion or caste, thereby potentially abetting criminal activities and undermining public order,” the report noted.
The move comes as X, formerly Twitter, awaits judgment in its legal challenge against the government’s content takedown notices issued under Section 79(3)(b) of the IT Act via the Sahyog Portal. While Section 79 grants intermediaries safe harbour, failure to remove unlawful content after government notification can lead to loss of protection. X has argued that the Sahyog Portal circumvents safeguards under Section 69A of the Act.
For over-the-top (OTT) platforms like Netflix, Amazon Prime, and Disney+ Hotstar, the committee recommended setting up expert panels to review flagged content, frame cultural guidelines, and propose penalties for violations. It emphasized stronger age verification, parental controls, and mandatory regional language content warnings, citing the risk of exposing minors to harmful material.
The panel’s report coincided with Lok Sabha’s passing of the Promotion and Regulation of Online Gaming Bill, which bans online money games. The committee had also recommended MeitY create a dedicated online gaming ecosystem that addresses real-money and betting app issues while supporting India’s multimedia, animation, and gaming sectors.
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