Question
Under Section 79 of the Information Technology Act,
2000, when does an intermediary lose protection from liability for third-party content?Solution
Section 79 of the Information Technology Act, 2000, provides conditional immunity to intermediaries (internet service providers, platforms) from liability for third-party content if they: (1) exercise reasonable due diligence, (2) don't knowingly transmit unlawful content, (3) act as neutral conduits without initiating/selecting/modifying transmission, (4) upon actual knowledge or court/government order, expeditiously remove or disable access to unlawful content. The Information Technology Rules, 2021, mandate compliance with due diligence requirements. Failure in these duties causes loss of Section 79 protection. The provision balances free expression with accountability, making intermediaries responsible for prompt action upon notice of illegal content.
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