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Qualitative analysis explores conditions for safe harbor in digital platforms, addressing liability issues.
Society 5.0 era refers to the digitalization of every aspect of society's life. One form of technology implementation in the era of Society 5.0 is the existence of platform service providers. Platforms are often misused by users to violate the law. This writing aims to find out the general conditions that must be met to be able to take refuge in the safe harbor principle. The research was conducted through a qualitative approach. Secondary data was collected through a literature study. The data obtained was then analyzed qualitatively. The Safe Harbor Principle is often used by service provider platforms to protect themselves from criminal liability for unlawful acts committed by their users. To obtain this exemption from liability, the service provider platform must fulfill certain conditions, which generally include immediately removing content that violates the law after becoming aware of the content and not being involved in any way with the information it sends. In current developments, platform service providers cannot take refuge in the safe harbor principle if they play an important role in their services.
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Wijayanto et al. (2023) studied this question.
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