Home › CS Executive › jurisprudence › Information Technology Act 2000 › Under Section 79 of the Information Technology A…
Under Section 79 of the Information Technology Act, 2000, a network service provider (intermediary) shall NOT be liable for any third-party information or data made available by him if he proves that:
Answer & Solution
Correct answer: B.
1. Section 79 of the IT Act provides the "safe-harbour" for intermediaries.
2. The Lesson 17 paragraph on Liability of Network Service Providers sets out the two-prong test: (i) no knowledge of the offence; OR (ii) exercise of all due diligence to prevent commission.
3. The protection is "under this Act, rule or regulation made thereunder".
4. The protection is not contingent on commercial relationship, prior content clearance, or NDAs with users.
_Source: ICSI CS Executive Paper 1 (Jurisprudence, Interpretation & General Laws) — Lesson 17: Information Technology Act, 2000, pp. 407-419._
Related questions
Section 43 of the Information Technology Act, 2000 makes a person liable to PAY COMPENSATIUnder Section 2(1)(ta) of the Information Technology Act, 2000, "electronic signature" meaUnder the Information Technology Act, 2000, an "asymmetric crypto system" consists of:Under Section 2(1)(w) of the Information Technology Act, 2000, "intermediary" includes whiUnder Section 2(1)(za) of the Information Technology Act, 2000, "originator" means a persoUnder Section 8 of the Information Technology Act, 2000, where subordinate legislation is Any person aggrieved by any decision or order of the Appellate Tribunal under the InformatUnder Section 57 of the Information Technology Act, 2000, an appeal against an order of th