Mains Answer Writing - 7 Aug, 2026

GS2

Governance

15 marks

The evolving digital ecosystem has renewed the debate on the Safe Harbour Clause under the Information Technology Act. Examine the significance of the Safe Harbour Clause for digital innovation and free speech, and evaluate the need for greater intermediary accountability.

Tips for your answer

  • Present Safe Harbour as a mechanism to balance innovation, freedom of expression and intermediary accountability rather than as a blanket legal immunity.
  • Remember Section 79 of the Information Technology Act, 2000, the IT Rules, 2021, Shreya Singhal v. Union of India (2015), Article 19(1)(a) and the recent debate on strengthening intermediary obligations.
  • Avoid discussing cybercrime or data protection in isolation. Keep the focus on intermediary liability, due diligence and the balance between free speech and regulation.

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