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

Under the safe-harbour provision for intermediaries in the Information Technology Act, 2000, an intermediary is generally not liable for third party information hosted by it. Which one of the following, if true, takes the intermediary outside this protection?

The intermediary loses safe-harbour protection if it conspired, abetted, aided or induced the unlawful act, whether by threats, promise or otherwise. Limiting itself to providing access, not choosing the receiver and not modifying information are conditions that support the exemption.

  1. AIt has aided or induced the commission of the unlawful act, whether by threats, promise or otherwiseCorrect
  2. BIts function is limited to providing access to a communication system used by third parties
  3. CIt does not select the receiver of the transmission
  4. DIt does not modify the information contained in the transmission

Explanation

Section 79(3)(a) removes the exemption where the intermediary has conspired, abetted, aided or induced the unlawful act. The other three options describe conditions under section 79(2) that support the exemption, so they do not defeat it.

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