‘Third-party content: Social media cos may face more legal scrutiny’

A new law — Digital India Act — is in works, which would incorporate all aspects covering cyber security, social media, digital services, personal data protection, etc, sources in the government said.

Currently, Section 79 of the IT Act provides an intermediary status to social media companies. This status provides them exemptions and certain immunity from liabilities for any third-party content and data hosted by them. It’s only when these firms fail to remove or block any content as directed by the government that they are liable to face penal action, which may see their executives being jailed also.

Sources said there’s a thinking in the government that safe harbour provisions under which intermediaries are exempt from legal liabilities is changing globally and India should not be behind. However, no fixed timeline or newer provisions replacing the existing ones have still been finalised.

“The point is that what is applicable in analogue world, should be applicable in digital world. Our thought process is that we have to have accountability on social media because it is affecting our society, our social life, our family life, our personal life, etc … there is a consensus on the issue,” said a government source.

Last year, the Centre brought about a comprehensive set of new guidelines as part of the IT Act to regulate social media intermediaries as well as OTT platforms.