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.
Legal Framework:
- 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
- It was 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
