Section 79 of the IT Act

Section 79 of the IT Act Latest News

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What is the IT Act, 2000?

• The Information Technology (IT) Act, 2000 is India’s primary law governing cyber activities, digital transactions, and electronic governance.
• It provides a legal framework for:
  • Cybersecurity and protection against cybercrimes.
  • Digital signatures and electronic authentication.
  • Data protection and regulation of intermediaries (social media platforms, search engines, etc.).
• The Act was amended in 2008 and 2015 to address evolving cyber challenges.

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Legal Framework: IT Act, 2000 & Key Provisions

Section 69A – Content Blocking Power

• Empowers the government to block access to online information in the interest of sovereignty, security, and public order, or to prevent incitement to an offence.
• Requires written orders and procedural safeguards before action is taken.
• Upheld by the Supreme Court in Shreya Singhal vs Union of India (2015), which recognized its safeguards against misuse.

Section 79 – Intermediary Liability (“Safe Harbour” Provision)

• Grants immunity to digital platforms (intermediaries) from liability for third-party content, provided they act as neutral hosts.
• Section 79(3)(b): Intermediaries lose immunity if they fail to remove unlawful content upon government notification.
• Shreya Singhal Ruling (2015): The SC clarified that intermediaries must comply with court or government orders based on Article 19(2) restrictions (such as national security, defamation, incitement to violence, etc.).

About Sahyog Portal

• An online platform developed for automating the issuance of content removal notices to intermediaries under the Information Technology (IT) Act, 2000.
• Ministry involved: Managed by the Ministry of Home Affairs (MHA).
• Objectives:
  • Ensure swift and coordinated action against unlawful digital content.
  • Enhance monitoring and compliance with cyber laws.
  • Create a secure digital environment for Indian citizens.
• Key functions:
  • Brings together government agencies and digital intermediaries on a single platform.
  • Facilitates issuance, tracking, and monitoring of content removal notices.
  • Enhances transparency and accountability in digital content regulation.

Section 79 of the IT Act FAQs

Q1. What is Section 79 of the IT Act, 2000?

Ans. Section 79 of the IT Act provides a safe harbour to intermediaries (such as social media platforms, e-commerce websites, and internet service providers) by exempting them from liability for third-party content, provided they follow legal due diligence.

Q2. Who qualifies as an intermediary under Section 79?

Ans. An intermediary is any entity that stores, transmits, or provides access to information on behalf of others, including search engines, telecom networks, online marketplaces, and social media platforms.

Q3. Does Section 79 protect intermediaries in all cases?

Ans. No. Immunity is revoked if the intermediary actively participates in content creation, does not follow government orders, or fails to remove illegal content after receiving notice.

Source: IE