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Intermediary Safe Harbour

Definition

The conditional immunity under Section 79 IT Act read with the IT Rules 2021. Lost when due diligence and grievance officer obligations are not met.

Jurisdiction
India
Statute
Section 79, IT Act 2000
Supplemented by
IT Rules 2021
Nature
Conditional immunity, not absolute

Common questions

What kind of conduct causes an intermediary to lose safe harbour protection?+

Failing to exercise due diligence as prescribed under the IT Rules, such as not appointing a grievance officer, not acting on takedown requests within the required timeframe, or actively participating in unlawful content, can strip the conditional immunity under Section 79.

Why is the immunity described as conditional rather than blanket?+

Section 79 only shields an intermediary for third-party content it merely hosts or transmits, provided it meets due diligence obligations, so the protection does not extend to content the intermediary itself authors, modifies, or knowingly fails to remove after proper notice.

Related terms

CERT-in
Indian Computer Emergency Response Team. Statutory body under Section 70B IT Act; mandatory reporting of qualifying incidents within 6 hours under the...
DPDP Act 2023
Digital Personal Data Protection Act 2023. India's general data protection statute, in force in phases from 2024. Applies to IoT-collected personal data...
I4C
Indian Cybercrime Coordination Centre, the central node under the Ministry of Home Affairs running the National Cybercrime Reporting Portal (cybercrime.gov.in), state cyber...
IT Act 2000
The Information Technology Act 2000, the parent Indian statute on computer offences, electronic records and digital signatures. Came into force on 17...
ITAA 2008
The Information Technology (Amendment) Act 2008, notified in October 2009. Inserted Sections 66A to 66F and 67A to 67B, expanded Section 69,...

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