Social media platform X may lose its “safe harbour” protection in India against liability for user-generated content for failing to act against journalist Rana Ayyub for her allegedly derogatory and communally sensitive posts, the Centre informed Delhi High Court on Friday.
In an affidavit filed before the high court, the Centre and the Delhi police said X had failed to remove the alleged derogatory content despite having actual knowledge by way of a judicial order and statutory notices issued by the law-enforcement agency.
“It is apposite to note that such inaction amounts to non-compliance with requirements provided for in the applicable rules and facilitates continued commission by its user i.e. Rana Ayyub... and a consequence thereof the protection available to the intermediary available under Section 79(1) is liable to be withdrawn,” the Centre’s affidavit says.
Section 79(1) of the IT Act provides “safe harbour” protection under which intermediaries are immune from liability for third-party content they host.