Lawstreet Journal

Due To Non-Compliance with IT Rules 2021 Twitter's Safe Harbour Immunity under the IT Act removed : GOI to Delhi HC

Lawstreet Journal 7 Jul 2021 9:59pm

Image courtesy: Lawstreet Journal Business Due To Non-Compliance with IT Rules 2021 Twitter's Safe Harbour Immunity under the IT Act removed : GOI to Delhi HC

In an affidavit to the Delhi High Court, the Ministry of Electronics and Information Technology (MeITY) of the Government of India stated that Twitter's Safe Harbour Immunity under the Information Technology Act, 2000 (IT Act) is no longer available because it has not "fully" complied with the IT Rules, 2021. 

"An intermediary shall not be liable for any third party information, data, or communication link made available or hosted by him," according to Section 79 of the IT Act, providing Safe Harbour protection. That means that, if the platform, third parties (users) abuse the infrastructure, middlemen such as Twitter and Internet Services Providers (ISPs) cannot be punished.

The protection is only guaranteed if the intermediary does not 'initiate the transmission, "select the receiver of the transmission,' or 'modify the information contained in the transmission.' This means that as long as the platform acts solely as a medium for carrying messages from user A to user B, without interfering in any way, it will be immune from legal action.

Twitter is a Significant Social Media Intermediary ("SSMI"), according to MeITY, as defined by Rule 2(1) (v) of the IT Rules 2021. As a result, it is required to observe the requirements of the Rules, 2021, as all intermediaries must comply with the due diligence duties u/R.3 and R.4 in order to get liability exemptions under S.79(1) of the Information Technology Act, 2000. According to the government, "all SSMIs have been given a sufficient period of 3 months to comply with… Continue Reading...


Tagged: Twitter   New IT Rules  
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