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      Question

      Under Section 79 of the Information Technology Act,

      2000, when does an intermediary lose protection from liability for third-party content?
      A Immediately upon receiving any complaint Correct Answer Incorrect Answer
      B When it fails to exercise due diligence or upon actual knowledge/court order/government direction, does not expeditiously remove access to unlawful content Correct Answer Incorrect Answer
      C Only when deliberately promoting unlawful content Correct Answer Incorrect Answer
      D When third-party content generates any complaint whatsoever Correct Answer Incorrect Answer
      E Never intermediaries have absolute immunity Correct Answer Incorrect Answer

      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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