Information Technology (IT) Act, 2000

GS III-IT

The IT Act, 2000 is India’s primary legal framework for digital governance, cyber law, and regulation of electronic communication.

Key Objectives:

• Combat cybercrime and protect digital infrastructure.
• Provide legal recognition for digital signatures and electronic records.
• Define responsibilities of intermediaries like social media platforms and search engines.
• Updated through amendments in 2008 and 2015 to reflect emerging digital challenges.

Major Legal Provisions Under the IT Act

Section 69A – Power to Block Content

• Grants the Union Government power to block public access to online content on grounds like:
  • Sovereignty & integrity of India
  • National security
  • Public order
  • Prevention of incitement to cognizable offences
• Requires written orders and adherence to procedural safeguards.
• Judicial Endorsement: Upheld in Shreya Singhal vs. Union of India (2015) with emphasis on due process.

Section 79 – Intermediary Liability (Safe Harbour Provision)

• Offers legal immunity to intermediaries (e.g. X, Facebook, YouTube) from liability for user-generated content.
• Condition: Platforms must remain passive and neutral conduits.

Section 79(3)(b):

• Intermediaries lose immunity if they:
  • Fail to remove unlawful content after receiving government or court order.
  • Violate provisions linked to reasonable restrictions under Article 19(2).

Shreya Singhal Case (2015):

• Clarified that only court or authorized government orders can trigger takedown obligations.
• Asserted intermediary rights under freedom of speech while balancing national interest.