In the digital age, intermediaries are vital for facilitating online communication and information exchange. Section 79 of the Information Technology (IT) Act, 2000, exempts intermediaries from liability under specific conditions, outlining when they’re not legally responsible for third-party information on their platforms. Let’s explore its nuances further.
DEFINING INTERMEDIARIES UNDER THE IT ACT
In the Information Technology Act, 2000, Intermediaries, defined in Section 2(1)(w), encompass a variety of entities like network service providers, search engines, and social media platforms. They play vital roles in hosting content and enabling internet usage.
INTRODUCTION TO SECTION 79
Section 79 of the Information Technology (IT) Act, 2000, serves as a legal safeguard for intermediaries operating in the digital domain. It delineates the circumstances under which intermediaries cannot be held liable for content posted or transmitted by third parties using their platforms. This provision acknowledges the pivotal role intermediaries play in enabling online communication and information dissemination.
SCOPE OF EXEMPTION
The exemption from liability provided under Section 79 applies to intermediaries under specific conditions. These conditions aim to balance the need to protect intermediaries from undue legal burden while ensuring accountability for unlawful activities conducted through their platforms.
CRITERIA FOR EXEMPTION
Section 79 outlines the criteria that intermediaries must meet to qualify for exemption from liability:
- Limited Functionality: Intermediaries must restrict their function to providing access to communication systems where third-party information is transmitted or temporarily stored. This limitation underscores the passive role of intermediaries in facilitating information exchange without actively engaging in content creation or modification.
- Non-Involvement in Transmission: Intermediaries should not initiate the transmission of information, select the recipients, or modify the content of the transmission. This provision emphasizes the intermediary’s neutrality and non-involvement in the communication process, thereby absolving them of liability for the content exchanged between users.
- Due Diligence: Intermediaries are required to exercise due diligence while performing their duties under the Act. Additionally, they must adhere to any guidelines prescribed by the Central Government to ensure responsible conduct. This provision underscores the importance of intermediary responsibility in moderating online content and adhering to regulatory standards.
EXCEPTIONS TO EXEMPTION
While Section 79 provides a blanket exemption from liability for intermediaries, certain exceptions exist where intermediaries can be held accountable for unlawful activities conducted through their platforms. These exceptions serve to address instances of intermediary complicity or negligence in facilitating illegal actions.
- Conspiracy or Abetment: Intermediaries can be held liable if they conspire, abet, or aid in the commission of unlawful acts facilitated through their platforms. This provision aims to prevent intermediaries from actively participating in or enabling illegal activities through their services.
- Failure to Remove Unlawful Content: Intermediaries are obligated to expeditiously remove or disable access to unlawful material upon receiving actual knowledge or notification from the appropriate government or its agency. Failure to comply with this obligation can result in the intermediary being held liable for facilitating the dissemination of illegal content.
INTERPRETATION OF TERMS
For a comprehensive understanding of Section 79, it is essential to interpret key terms used in the provision:
- Third-Party Information: Refers to any information handled by an intermediary in their capacity as a facilitator of online communication. This includes content posted, transmitted, or stored by users on intermediary platforms.
EXAMPLE AND ANALYSIS
Example: Intermediaries under the IT Act, like Facebook or YouTube, host user-generated content. They’re not liable for it unless they’re involved in creating or moderating it. For instance, Facebook isn’t responsible for users’ posts unless it fails to remove illegal content after notification.
Analysis:Section 79 of the Information Technology Act, 2000, embodies a crucial legal framework that balances the interests of intermediaries and the need to regulate online content. By providing an exemption from liability under specific conditions, this provision encourages the growth of digital platforms while holding intermediaries accountable for their role in facilitating lawful communication. However, the existence of exceptions underscores the importance of intermediary responsibility in combating illegal activities and upholding regulatory standards in the digital sphere.
In conclusion,Section 79 of the IT Act, 2000, protects intermediaries while ensuring accountability. It grants exemption from liability under certain conditions and outlines exceptions for cases of complicity or negligence, serving as a vital framework for regulating online content and fostering digital platform growth.
Recent update
- Revoked Protection: IT Amendment Rules, 2023, revoke legal protection for social media platforms if they disobey government directives.
- Immunity Conditions: From April 20, 2023, intermediaries like WhatsApp and Twitter gain immunity by following due diligence and state-set guidelines.
- Case-by-Case Exemptions: Proposed Digital India Bill suggests granting exemptions to intermediaries on a case-by-case basis, shifting from default exemptions.
- Due Diligence Requirement: Intermediaries must observe due diligence and comply with Central Government’s guidelines as per Section 79(2)(c) of the IT Act.
Reference
- ‘Safe Harbour’ Clause And Why Government Wants It Gone-NDTV
- All internet firms may not get to dock in safe harbour-THE ECONOMIC TIMES
- LEGAL GLOSSARY-Intermediary
- THE LAWGIST-Abetment
