Safe harbour for social media firms may become narrower

Digital India Bill may propose making them liable for content from non-verified users

- SOURABH LELE

As part of its work on the proposed Digital India Bill, the A the contours of "safe harbour" provided to internet intermediaries, including social media companies, to increase their accountability for user-generated unlawful content, according to sources.

Anonymity and non-traceability of users on online platforms would no longer exist after the enactment of the Digital India Bill - the proposed legislation that seeks t replace India's primary digital law Information Technology (IT) Act, 2000 - a senior official said. Based on the primary discussions, the government may propose provisions to make social media platforms liable for content posted by nonverified user accounts.

"Most social media platforms already have user verification mechanisms. The responsibility of content generated by verified accounts may remain with the users," the official said. With this, law enforcement agencies will be able to identify and track down the source of illegal activities proactively, he added.

The Ministry of Electronics and Information Technology (Meity) is currently examining similar laws in other countries that define the liabilities of online intermediaries regarding the content they host. The best practices about safe harbour provisions in other countries may be adapted wherever required.