CHAPTER XII

21DLIMITATION ON THE LIABILITY OF INTERMEDIARY NETWORK SERVICE PROVIDERS NOT BE LIABLE IN CERTAIN CASES.

79.     For the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this Act, rules or regulations made thereunder for any third party information or data made available by him if he proves that the offence or contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence or contravention.

Explanation:- For the purposes of this section, -

(a)             “network service provider” means an intermediary;

(b)             “third party information” means any information dealt with by a network service provider in his capacity as an intermediary;

79. Exemption from liability of intermediary in certain cases

1.      An “Intermediary” shall not be liable under any law for the time being in force, for any third party information, data, or link made available by him, except when the intermediary has conspired or abetted in the commission of the unlawful act.

2.      The provisions of sub-section (1) shall apply in circumstances including but not limited to where:

a.      Intermediary’s function is limited to giving access to a communication network over which information made available by third parties is transmitted or temporarily stored; or The intermediary: (i) does not initiate the transmission, (ii) does not select the receiver of the transmission, and (iii) does not select or modify the information contained in the transmission.

3. The provisions of sub-section (1) shall not apply if, upon receiving actual knowledge of, or being notified by the Central Government or its agency that any information, data or link residing on a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails expeditiously to remove or disable access to that material on that resource.

Explanation: For the purpose of this section:-

a.      Term ‘Intermediary’ has been defined in Chapter I, Section 2(w).

b.      ‘Intermediary’ shall include, but not limited to, telecom service providers, network service providers, Internet service providers, web-hosting service providers, search engines  including on-line auction sites, online-market places, and Cyber Cafes.

c.      ‘Third Party Information’ means any information dealt with by an intermediary in his capacity as an intermediary.