Digital India Bill : Safe Harbour Clause

Important for

Prelims: Science and Technology

Mains:
General Studies III

What is in the News

  • The Union government has formally outlined the Digital India Bill, 2023 which is a broad overhaul of the decades-old IT Act, 2000.
  • The provision of ‘safe harbour’ has been included under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
  • The government is now reconsidering this provision.

Safe Harbor

  • Safe Harbor – as prescribed under Section 79 of the IT Act, 2000 – is legal immunity that online intermediaries enjoy against content posted by users on their platforms.
  • This is available as long as these platforms abide by certain due diligence requirements, such as censoring content when asked by the government or courts.
  • It is a crucial tenet for ensuring free speech on the Internet since platforms only have to act on speech that is deemed illegal.

Digital India Bill : Need for this Act

  • Since the IT Act of 2000 was enacted, there have been many revisions and amendments (IT Act Amendment of 2008, IT Rules 2011) in attempts to define the digital space in which it regulates while trying to put more emphasis on the data handling policies.
  • However, because the IT Act was originally designed only to protect e-commerce transactions and define cybercrime offenses, it did not deal with the nuances of the current cybersecurity landscape adequately nor did it address data privacy rights.
  • Without a complete replacement of the governing digital laws, the IT Act would fail to keep up with the growing sophistication and rate of cyber-attacks.
  • The new Digital India Act envisages to act as catalysts for Indian economy by enabling more innovation, more startups, and at the same time protecting the citizens of India in terms of safety, trust, and accountability.

Practice Questions for Prelims

Mains Practice Question

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Digital India Bill : Safe Harbour Clause
Digital India Bill : Safe Harbour Clause
Digital India Bill : Safe Harbour Clause
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