Section 79 of IT Act: X’s Challenge Against Govt’s Use of IT Act Section 79(3)(b)

Learn about Section 79 of IT Act, which provides intermediary liability protection for online platforms, outlining their responsibilities and exemptions under Indian cyber law.

Context: Elon Musk-owned X (formerly Twitter) has challenged the Indian government’s use of Section 79(3)(b) of the IT Act, 2000 to moderate and remove content on social media.

What is Section 79 of IT Act?

Section 79 of the Information Technology (IT) Act, 2000 provides “safe harbour” protection to intermediaries (such as social media platforms, search engines, and internet service providers).

Safe-Harbour Protection

It is a legal framework that shields intermediaries (such as social media platforms, online marketplaces or hosting services) from being held liable for the content uploaded by their users, as long as they comply with certain conditions.
Eg. Wikipedia, Google, Facebook etc.

Key Provisions of Section 79

79(1): Exemption from Liability: Intermediaries shall not be held liable for content posted by users unless they are involved in modifying or creating the content.
79(2): Conditions for Safe Harbour Protection: The intermediary must act as a passive conduit (i.e., not modify or curate content). It should follow the provisions of laws and IT rules.
79(3): Exceptions to Safe Harbour Protection: Safe harbour does not apply if:
- (3)(a) The intermediary is actively involved in publishing, modifying, or selecting the content.
- (3)(b) The intermediary fails to remove content after receiving actual knowledge or a government/court order.

SC directive in Shreya Singhal on Section 79(3)(b)

The Supreme Court limited the scope of Section 79(3)(b), ruling that: Content removal orders must come from a court or government notification based on Article 19(2) grounds.

Government’s October 2023 Directive & Sahyog Portal

In October 2023, the Ministry of Electronics and IT (MeitY) issued a directive to:
- All ministries, state governments, and police authorities stated that they could issue blocking orders under Section 79(3)(b).
In October 2024, MeitY launched “Sahyog”, a portal where blocking orders can be issued and uploaded by these authorities.