India News | Accountability of Social Media Platforms Must; Complete 'safe Harbour' Concept Being Questioned Globally: Sources

Get latest articles and stories on India at LatestLY. Social media platforms should have serious accountability and adhere to local laws irrespective of their ownership, government sources said, asserting that the concept of 'complete safe harbour' has ceased to exist, even globally.

New Delhi, May 10 (PTI) Social media platforms should have serious accountability and adhere to local laws irrespective of their ownership, government sources said, asserting that the concept of 'complete safe harbour' has ceased to exist, even globally.

The observations about 'safe harbour' assume significance as they indicate a potential hardening of stance at a time when India is putting in place a strong and enabling framework involving facets like data protection, social media accountability, safe internet, and cyber security.

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Under the IT Act, intermediaries are not liable for third-party information or data hosted on their platform (a concept of immunity known as 'safe harbour'), if due diligence is observed by them as prescribed.

Sources, however, said the world is moving away from and questioning the concept of 'complete safe harbour', a late 1980s construct that is removed from current realities.

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On whether the IT intermediary rules notified last year are effectively addressing the current concerns in the digital world or need tweaking, the sources said the rules have definitely served a purpose.

As social media is moving forward, the law too has to move forward, they said, adding a new legislative framework has to evolve saddling the various aspects holistically.

India is moving in the same direction as Australia and Europe, which have brought about speedy legislations.

With internet, social media and digital becoming integral part of people's lives, there needs to be serious accountability to reduce risks and increase the digital advantages, the sources said, adding that there is full consensus on this aspect.

The IT Act is from a "totally different era" and there has to be a legislation which is of today's era.

Asked about the world's richest man Elon Musk recently striking a deal to buy Twitter for USD 44 billion, and the IT Ministry's views about it, the sources said the country has its own laws that do not depend on ownership.

The laws have to be followed, sources emphasised. Accountability applicable in the analogue and physical world must also be applicable in the digital world, they affirmed.

Sources said the concept of complete safe harbour is being questioned the world over.

Citing the Digital Services Act (of European Commission) and frameworks brought in by Australia, South Korea and others, the sources said the "complete safe harbour concept is over".

"The safe harbour point has changed, the world has changed...there is a big difference between safe harbour point and today's realities, the world is moving away from it," they said.

India is keen on a strong and enabling framework, and the legal structure that evolves must have cybersecurity as key element, as also accountability of social media, protection of personal data and safe internet, they explained.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)

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