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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Internet and Other Technologies

A social media platform receives a court order directing removal of a defamatory post hosted by a user. Under the safe harbour principle for intermediaries in the IT Act, 2000, which position is correct?

An intermediary enjoys safe harbour for third-party content when its role is passive and it exercises due diligence, but it forfeits protection if it does not expeditiously remove or disable access to unlawful content after actual knowledge via a court order or government notification.

  1. AThe intermediary is always liable for all user content regardless of its conduct
  2. BThe intermediary is protected from liability for third-party content if it merely provides access and observes due diligence, but loses protection if it fails to expeditiously remove content after receiving actual knowledge through a court order or government notificationCorrect
  3. CThe intermediary is protected even if it initiated the transmission and selected the receiver
  4. DThe intermediary must pre-screen every post before publication to retain protection

Explanation

Safe harbour applies where the intermediary's role is passive and it observes due diligence. It is lost if it conspires or fails to act expeditiously on actual knowledge from a court order or government notice. Pre-screening of all posts is not the statutory condition, and initiating transmission defeats protection.

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