
Summary
Abhishek Baxi explains the concept of safe harbour and its implications in India, particularly in the context of the Modi government's stance on tech giants.
“Safe harbour is where these platforms are intermediaries for the content that users generate on their platforms.”From the report
also this is the first time and this is unprecedented that india or any other democracy is threatened that we'll take safe harbor uh this was very callous uh coming from nishika and dubai uh but uh could you just explain that for our audience who don't understand the concept of safe harbor when it comes to the tech giants okay uh so quickly uh safe harbor is uh where these platforms are intermediaries for the content that users generate on their platforms I post something on Facebook or a video on YouTube. It is my content. The company is not liable for it as long as they have moderation exercise and they are taking care of unlawful activities. So if I post a pornographic video on YouTube, now with much advancement, the auto moderation should kick in and that video should not even be uploaded. But even if it has and the authorities have informed the compliance office, the video should be taken down in quick and there's a timeline which is also a major contention now. So that is safe harbour This all came about from the very infamous and very awkward incident where Bazi CEO there was two kids making out doing their kids things The video got lead famous MMS scandal And the video, because this was time when the internet was not everywhere. So the video was put in on a CD that was sold on Bazi.com, which was an eBay property. Is that right? I'm not aware of this. Sorry. I clearly am under a rock. this the dps uh mms uh issue the whole thing with two kids yeah this i think was back in 2003 or four yeah yeah 2003 or four this was 2004 2004. oh so okay sorry wait safe harbor is uh in india safe harbor came from uh that case so so basically bazi was a website where i could put up stuff for for sale like eBay basically. So someone put that out and started selling it on Bazi.com and Bazi's CEO who was an Indian origin person but an American US citizen, he got arrested for that and this was the first time a CEO was arrested for something like this. This is what brought the 2008 IT rules the first time when this was considered and the intimidatives were given some protection against criminal lawsuits.