Jurisprudence, Interpretation and General Laws · Law relating to Information Technology

Intermediaries, Blocking and Government Powers under the IT Act

Updated 11 October 2026 · Fact-checked

An intermediary is a platform that handles third party information. Section 79 protects it from liability for that content if the stated conditions are met. Sections 69, 69A and 69B let the government order interception, blocking and traffic monitoring, with reasons recorded in writing. To answer, state the provision, apply the facts, then conclude.

Understand Intermediaries, Blocking and Government Powers

An intermediary is a person or platform that receives, stores, transmits or hosts information on behalf of others. Think of a telecom provider, a web host or a social media platform. The content belongs to a third party, not to the intermediary.

If platforms were liable for every post, they could not function. So section 79 gives a safe harbour. Subject to sub-sections (2) and (3), an intermediary is not liable for any third party information, data or communication link made available or hosted by it. The protection works only if the conditions in section 79(2) are met and the disqualifying events in section 79(3) have not happened.

The safe harbour is lost in two situations under section 79(3). First, the intermediary conspired, abetted, aided or induced the unlawful act. Second, after getting actual knowledge, or being notified by the appropriate Government or its agency, it fails to expeditiously remove or disable access to the material, without vitiating the evidence.

The Act also gives the State powers over information. Section 69 allows interception, monitoring or decryption. Section 69A allows blocking of information for public access. Section 69B allows monitoring and collection of traffic data for cyber security. Section 67C requires intermediaries to preserve and retain specified information. Each power works through written reasons and prescribed procedure and safeguards, and each puts duties on intermediaries.

Key rules to remember

Safe harbour (section 79(1)): Intermediary not liable for third party information, data or communication link hosted by it, subject to s. 79(2) and (3); This is a conditional protection, not an absolute one.
Conditions for safe harbour (section 79(2)): (a) function limited to providing access to a communication system; OR (b) does not initiate transmission, select receiver, or select or modify information; AND (c) observes due diligence and Central Government guidelines; The text joins (a) and (b) with 'or' and then lists (c). Always mention due diligence in (c).
Loss of safe harbour (section 79(3)): (a) conspired, abetted, aided or induced the unlawful act; (b) on actual knowledge or notification by the appropriate Government or its agency, fails to expeditiously remove or disable access without vitiating evidence; Removal must not destroy evidence.
Blocking (section 69A): Central Government or specially authorised officer + satisfied it is necessary or expedient + stated grounds + reasons recorded in writing + order to Government agency or intermediary; Grounds: sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States, public order, or preventing incitement to a cognizable offence relating to these.
Penalty for non-compliance with blocking (section 69A(3)): Imprisonment up to 7 years + liable to fine; Applies to an intermediary that fails to comply with the direction.
Interception, monitoring, decryption (section 69): Central or State Government (or authorised officer) + necessary or expedient + stated grounds + reasons in writing + direction to agency of the appropriate Government; Grounds are those of s. 69A plus investigation of any offence. Failure to assist: imprisonment up to 7 years and fine (s. 69(4)).
Traffic data monitoring (section 69B): Central Government notifies an agency in the Official Gazette to monitor and collect traffic data for cyber security; Intermediary contravening intentionally or knowingly: imprisonment up to 1 year or fine up to ₹1 crore, or both (s. 69B(4)).
Preservation of information (section 67C): Intermediary preserves and retains specified information for the duration, manner and format prescribed by the Central Government; Intentional or knowing contravention: penalty up to ₹25 lakh (s. 67C(2)).

How to solve Intermediaries, Blocking and Government Powers questions

Use this method for any question on intermediary liability or government powers. It matches the ICSI answer style: provision, analysis, conclusion.

1Identify the party. Check whether the person is an intermediary and whether the content is third party information.
2Identify the power or protection in issue: s. 79 (safe harbour), s. 69 (interception), s. 69A (blocking), s. 69B (traffic data) or s. 67C (retention).
3State the rule in plain words with the section number.
4For s. 79, test the s. 79(2) conditions first, then check whether s. 79(3) removes the protection.
5For ss. 69 and 69A, check who issued the order, the ground, the written reasons and the prescribed procedure.
6Apply each fact to the rule. Note any fact that fits no ground or breaks a condition.
7Check consequences: loss of immunity, imprisonment, fine or penalty.
8Write a one-line conclusion that answers the exact question asked.

Quickest way: Three-check shortcut

When to use it: Use it for short-answer questions or when time is nearly over.

Check 1, who: is the party an intermediary, and is the order from the Central Government or an authorised officer (State Government as well for s. 69)?
Check 2, why: does the order rest on a listed ground, and are reasons recorded in writing?
Check 3, what follows: for s. 79, was there due diligence and prompt removal after knowledge or notice? For ss. 69 and 69A, what is the punishment for non-compliance?
Write the conclusion in one sentence with section numbers.

Common mistakes in Intermediaries, Blocking and Government Powers

Saying an intermediary is never liable for third party content.
Students remember the heading 'exemption' and ignore the conditions.
Fix: Always add that s. 79 is subject to sub-sections (2) and (3). Safe harbour is lost on abetment or failure to remove after knowledge or notice.
Confusing s. 69 and s. 69A.
Both deal with government directions on information and have similar grounds.
Fix: Section 69 is interception, monitoring and decryption. Section 69A is blocking public access. Only s. 69 also covers investigation of any offence and State Governments.
Forgetting that reasons must be recorded in writing.
Students focus on the grounds and skip the safeguard.
Fix: Write 'for reasons to be recorded in writing' whenever you describe an order under s. 69 or s. 69A.
Quoting wrong punishments.
Sections 69, 69A, 69B and 67C have different penalties, and s. 69B and s. 67C were amended in 2023.
Fix: Remember: ss. 69 and 69A, up to 7 years and fine; s. 69B, up to 1 year or fine up to ₹1 crore, or both; s. 67C, penalty up to ₹25 lakh.
Adding grounds such as 'morality' or 'decency' to s. 69A.
Students mix it with other laws or general ideas of censorship.
Fix: List only the grounds in the text: sovereignty and integrity, defence, security of the State, friendly relations with foreign States, public order, and preventing incitement to a related cognizable offence.
Ignoring the 'without vitiating the evidence' condition in s. 79(3)(b).
Students think speed of removal is the only test.
Fix: State that removal must be expeditious and must not damage evidence.

Worked examples

Example 1

A video hosting platform, Vidya Streams Ltd., hosts videos uploaded by users. The platform does not select or edit the videos. A user uploads an unlawful video. The Central Government agency notifies the platform that the video is being used to commit an unlawful act. The platform takes no action for several weeks. Can Vidya Streams claim protection under section 79 of the IT Act, 2000?

Show the solution

Provision: Under s. 79(1), an intermediary is not liable for third party information, data or communication link hosted by it, subject to s. 79(2) and (3).
Analysis of s. 79(2): The platform hosts user content and does not select or modify it. If it also observed due diligence and the prescribed guidelines, the initial conditions are met.
Analysis of s. 79(3)(b): The protection does not apply if, on being notified by the appropriate Government or its agency that the material is being used to commit an unlawful act, the intermediary fails to expeditiously remove or disable access without vitiating the evidence.
Application: The platform was notified by a Government agency and did nothing for several weeks. That is not expeditious action.

Answer: Vidya Streams cannot claim safe harbour for this video. Having failed to expeditiously remove or disable access after notification, it loses the protection of s. 79(1) under s. 79(3)(b).

Example 2

The Central Government's authorised officer records in writing that a website is spreading content likely to threaten public order, and directs an intermediary to block it for public access. The intermediary refuses. Discuss the legal position under the IT Act, 2000.

Show the solution

Provision: Under s. 69A(1), the Central Government or a specially authorised officer, if satisfied that it is necessary or expedient, may direct any Government agency or intermediary to block information for public access. This must be in the interest of listed grounds, which include public order. Reasons must be recorded in writing and the order is subject to the prescribed procedure and safeguards under s. 69A(2).
Application: The order comes from a specially authorised officer. The ground is public order, which is a listed ground. Reasons have been recorded in writing. The order is addressed to an intermediary, which s. 69A(1) allows.
Consequence: Under s. 69A(3), an intermediary that fails to comply with the direction is punishable with imprisonment up to seven years and is also liable to fine.
Additional point: The order must have followed the prescribed procedure and safeguards. If it did not, the intermediary may challenge it.

Answer: The intermediary is bound to block the website. Refusal makes it punishable under s. 69A(3) with imprisonment up to seven years and fine, provided the order followed the prescribed procedure and safeguards.

Exam tips

Write the section number next to every rule. Examiners reward the provision-analysis-conclusion order.
For comparison questions, use a short list: section, power, who exercises it, grounds, penalty.
In s. 79 problems, test s. 79(2) first and s. 79(3) second. Most case facts turn on the failure to remove after knowledge or notice.
Learn the penalty figures for ss. 69, 69A, 69B and 67C. Questions often ask for them directly.
Always use the full phrase 'for reasons to be recorded in writing' when describing orders under ss. 69 and 69A.

Practice questions from Law relating to Information Technology

Intermediaries, Blocking and Government Powers: frequently asked questions

What does section 69A of the IT Act say?

It lets the Central Government or a specially authorised officer direct a Government agency or intermediary to block information for public access. The grounds are sovereignty and integrity of India, defence, security of the State, friendly relations with foreign States, public order, or preventing incitement to a related cognizable offence. Reasons must be recorded in writing.

What is the punishment for an intermediary that ignores a blocking order?

Under section 69A(3), imprisonment up to seven years and liability to fine. The same imprisonment term applies to failure to assist under section 69(4).

When does an intermediary lose safe harbour under section 79?

It loses it if it conspired, abetted, aided or induced the unlawful act. It also loses it if, after actual knowledge or notification by the appropriate Government or its agency, it fails to expeditiously remove or disable access without vitiating evidence.

What is the difference between section 69 and section 69A?

Section 69 deals with interception, monitoring and decryption of information. Section 69A deals with blocking information from public access. Section 69 also lists investigation of any offence as a ground and allows State Governments to act.

What is traffic data under section 69B?

It means any data identifying or purporting to identify a person, computer system, network or location to or from which a communication is or may be transmitted. It includes origin, destination, route, time, data, size, duration or type of underlying service and any other information.