Social media intermediaries such as Twitter, Facebook are currently protected from legal liability for the content hosted by them under Section 79 of the IT Act, 2000. The validity of Sec. 79 has been upheld by the SC in Shreya Singhal case in 2015. The intermediaries do not own the content, since it belongs to a third party. It virtually makes the social media platform a safe harbour.

Of late, the government put these platforms under watch by prescribing due diligence requirements. Total withdrawal of safe harbour concept would lead to online censor and would restrict civil liberties. Such mass censorship undermines the open nature of the Internet.

The best way out is to make the social media more accountable. Recently, the government asked the platforms to appoint grievance officers to resolve the issues of removal of misinformation, illegal and such other content within 72 hours. In addition, three grievance appellate committees have been formed to address the grievances of the users.

The government could revisit the safe harbour concept. There could be classification of intermediaries. But pick and choose approach is tricky.