Thread by @SFLCin

Safe Harbour is not a certificate or a stamp that is issued by the government. It is an inherent protection available to #intermediaries.
#ITRules #TwitterIndia #SocialMedia
sflc.in/twitter-interm…

#Twitter has approximately 1.75 crore users in India. The Safe harbour protection is an inherent protection granted to intermediaries which is a defense it can take against imposition of liability for acts done by third parties.

Such a defense is taken at the time of ascertainment and quantification of liability which would be done before a court of law and not by the government.

The underlying basis of #SafeHarbour is that an online intermediary in its role as a mere facilitator, messenger or a conduit, cannot be subjected to an imposition of liability for content or information that is shared on its platform.

Providing safe harbour protection to intermediaries facilitates feasibility of operations by intermediaries and it promotes investment and innovation in the sector.

Twitter has claimed that it has taken steps to comply with the new #ITRules. Now, it is for the courts to decide in an appropriate proceeding whether @Twitter has complied with the Rules or not. This involves determination by a court of law & cannot be declared by the Government.