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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Cyber Threats and Cyber Laws

A video-hosting platform receives a written notification from the appropriate Government agency that a hosted link is being used to commit an unlawful act. The platform delays action for weeks. Which statement best reflects the position under section 79 of the IT Act, 2000?

Once notified by the appropriate Government or its agency, the platform must expeditiously remove or disable access to the material without vitiating the evidence. Failing to do so means the section 79 exemption does not apply, regardless of the content being third-party uploaded.

  1. AThe exemption continues because the content was uploaded by a third party
  2. BThe exemption does not apply if it fails to expeditiously remove or disable access to the material without vitiating the evidenceCorrect
  3. CThe exemption applies only if the platform also selects the receiver of the content
  4. DThe exemption is lost only when the uploader is convicted by a court

Explanation

Section 79(3)(b) says that on actual knowledge or notification by the appropriate Government or its agency, failure to expeditiously remove or disable access, without vitiating evidence, takes away the exemption. Third-party origin alone does not protect it, and no conviction is required.

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