Section 79 Exemption from liability of intermediary in certain cases
- Amendments
- 1
Substituted by Information Technology (Amendment) Act, 2008, s. 40, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Chapter XII"(1) Notwithstanding anything contained in any lawDefined in section 2(y): law includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, as the case may be, Regulations made by the President under article 240, Bills enacted as President's Act under sub clause (a) of clause (1) of article 357 of the Constitution and includes rules, regu... for the time being in force but subject to the provisions of sub-sections (2) and (3), an intermediary shall not be liable for any third party informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits..., dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ..., or communication link made available or hosted by him.
Substituted by Information Technology (Amendment) Act, 2008, s. 40, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Chapter XII"(2) The provisions of sub-section (1) shall apply if—
Substituted by Information Technology (Amendment) Act, 2008, s. 40, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Chapter XII"(a) the functionDefined in section 2(u): function, in relation to a computer, includes logic, control, arithmetical process, deletion, storage and retrieval and communication or telecommunication from or within a computer; 3[(ua) Indian Computer Emergency Response Team means an agency established under sub section (1) of Section 70B;] of the intermediary is limited to providing accessDefined in section 2(a): access with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network to a communication system over which informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... made available by third parties is transmitted or temporarily stored or hosted; or
Substituted by Information Technology (Amendment) Act, 2008, s. 40, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Chapter XII"(b) the intermediary does not—
Substituted by Information Technology (Amendment) Act, 2008, s. 40, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Chapter XII"(i) initiate the transmission,
Substituted by Information Technology (Amendment) Act, 2008, s. 40, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Chapter XII"(ii) select the receiver of the transmission, and
Substituted by Information Technology (Amendment) Act, 2008, s. 40, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Chapter XII"(iii) select or modify the informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... contained in the transmission;
Substituted by Information Technology (Amendment) Act, 2008, s. 40, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Chapter XII"(c) the intermediary observes due diligence while discharging his duties under this Act and also observes such other guidelines as the Central Government may prescribe in this behalf.
Substituted by Information Technology (Amendment) Act, 2008, s. 40, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Chapter XII"(3) The provisions of sub-section (1) shall not apply if—
Substituted by Information Technology (Amendment) Act, 2008, s. 40, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Chapter XII"(a) the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the unlawful act;
Substituted by Information Technology (Amendment) Act, 2008, s. 40, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Chapter XII"(b) upon receiving actual knowledge, or on being notified by the appropriate GovernmentDefined in section 2(e): appropriate Government means as respects any matter,— (i) enumerated in List II of the Seventh Schedule to the Constitution; (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution, the State Government and in any other case, the Central Government or its agency that any informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits..., dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... or communication link residing in or connected to a computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable accessDefined in section 2(a): access with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network to that material on that resource without vitiating the evidence in any manner.
Substituted by Information Technology (Amendment) Act, 2008, s. 40, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Chapter XII"Explanation.—For the purposes of this section, the expression "third party informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits..." means any informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... dealt with by an intermediary in his capacity as an intermediary.