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.
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