Overview
- Senior IT Ministry officials began internal discussions this Thursday to examine whether services that rank, recommend or moderate content with algorithms should lose Section 79 safe harbour protection.
- Section 79 now shields intermediaries from liability for third‑party content if they do not initiate transmission, select recipients or modify information and follow due‑diligence rules.
- Government proposals under review include a direct takedown route for deepfakes and non‑consensual intimate images, mandatory notices to authorities before major product changes, and tougher grievance processes for users.
- Any change would require an amendment to the Information Technology Act and Parliamentary approval, and the government says its approach is shaped by the Supreme Court’s October 15 guidance that loss of safe harbour should be a last resort for persistent noncompliance.
- Officials and analysts warn the move could speed relief for individuals harmed by viral content while also pushing platforms toward more pre‑emptive moderation, and the ministry plans stakeholder consultations before any formal proposal.