Sat May 10 22:24:00 UTC 2025: ## India Reconsiders “Safe Harbour” Protections for Social Media
**NEW DELHI, May 11, 2025** – The Indian government is reviewing the “safe harbour” legal protections afforded to social media platforms, aiming to combat the spread of “fake news” and other harmful online content. This move comes amidst ongoing legal battles with platforms like X (formerly Twitter) over content takedown orders and accusations of slow responses to government requests.
Currently, Section 79 of India’s Information Technology Act grants intermediaries, including social media companies, immunity from liability for third-party content unless they have “actual knowledge” of illegal material. However, the government argues that this protection is insufficient to address the proliferation of misinformation, deepfakes, and cyberfraud. Recent amendments to the IT Rules, aimed at strengthening regulatory oversight, have been challenged in court, with the Bombay High Court siding with petitioners who argued against the government’s ability to unilaterally define “fake news.”
The government contends that foreign social media platforms are not adequately enforcing takedown orders and proposes amending the safe harbour provisions to compel more proactive content moderation. This mirrors similar debates in the U.S., where both President Biden and former President Trump have advocated for changes to Section 230 of the Communications Act, albeit for different reasons.
The Ministry of Electronics and Information Technology plans to incorporate these changes into a forthcoming Digital India Act (DIA). However, the specifics of how safe harbour will be altered under the DIA remain unclear, and no draft legislation has yet been released. The ongoing review has significant implications for online freedom of expression and the responsibilities of social media companies operating in India.
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