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Information Technology (IT) Act, 2000

GS-IIGovernment Policies & Interventions

Note

Enabling a digital economy and empowering the state to restrict online speech sit in tension inside the same statute, and that tension has produced landmark constitutional litigation. The Information Technology Act, 2000 gives legal recognition to electronic records under Section 4, but its 2008 amendment added Sections 66A through 69B covering offensive online content, interception powers, and blocking of websites. The Supreme Court's ruling in Shreya Singhal v. Union of India struck down Section 66A as unconstitutional, limiting state power over online speech. Intermediary liability is now primarily governed by the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, framed under Section 87. The Act's interaction with fundamental rights and Centre-State friction over content regulation remains unresolved beyond what Shreya Singhal settled.

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Questions on this topic

From 7 November 2026Indian Express Explained

Consider the following pairs regarding the intermediary liability framework under the Information Technology Act, 2000 and related judicial/constitutional developments:Answer ▾
  1. Section 79 of the IT Act, 2000 — Provides conditional immunity to intermediaries from liability for third-party content, subject to due-diligence compliance
  2. Shreya Singhal v. Union of India (2015) — Read down Section 79(3)(b) to require a court order or lawful government direction before a platform is obliged to remove content
  3. Section 66A of the IT Act, 2000 — Upheld by the Supreme Court as a valid restriction on online speech, subject to procedural safeguards

Which of the pairs given above is/are correctly matched?

Correct

Incorrect. The answer is D

Explanation

Pair 1 is correctly matched: Section 79 of the IT Act, 2000 is the statutory 'safe harbour' provision that grants conditional immunity to internet intermediaries — including social media platforms — from liability for content generated or transmitted by third parties, provided the intermediary meets prescribed due-diligence conditions and does not initiate, select recipients of, or modify the transmitted information. Pair 2 is correctly matched: In the landmark Shreya Singhal v. Union of India (2015), the Supreme Court 'read down' Section 79(3)(b), which had required intermediaries to remove content upon receiving 'actual knowledge' — a phrase the government interpreted broadly to include private complaints. The Court held this was constitutionally untenable, as it could chill free speech. It clarified that the takedown obligation under Section 79(3)(b) is triggered only by a court order or a government direction that itself satisfies the requirements of Article 19(2) — not by a private notice or complaint alone. Pair 3 is incorrectly matched: Section 66A — which criminalised sending 'grossly offensive' or 'menacing' messages online — was struck down in its entirety in Shreya Singhal (2015) as unconstitutional for violating Article 19(1)(a) (freedom of speech and expression). It was not upheld with safeguards; it was invalidated. This is a critical distinction — the same judgment that read down Section 79(3)(b) also annulled Section 66A completely, on the ground that the offences it defined were vague and overbroad beyond the permissible restrictions under Article 19(2).

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यह पृष्ठ हिंदी में: सूचना प्रौद्योगिकी (IT) अधिनियम, 2000 →