*[ 79. Exemption from
liability of intermediary in certain cases.- (1)
Notwithstanding anything contained in any law 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 information, data, or communication link hosted by him.
(2) The provisions of sub-section (1) shall apply if-
(a) the function of the intermediary is limited to providing
access to a communication system over which information made
available by third parties is transmitted or temporarily stored;
or
(b) the intermediary does not-
(i) initiate the transmission,
(ii) select the receiver of the transmission, and
(iii) select or modify the information contained in the transmission
(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
(3) The provisions of sub-section (1) shall not apply if?
(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;
(b) upon receiving actual knowledge, or on being notified
by the appropriate Government or its agency that any information,
data or communication link residing in or connected to a computer
resource controlled by the intermediary is being used to commit
the unlawful act, the intermediary fails to expeditiously
remove or disable access to that material on that resource
without vitiating the evidence in any manner.
Explanation: For the purpose of this section, the expression
"third party information" means any information
dealt with by an intermediary in his capacity as an intermediary.
[* Substituted vide Information Technology Amendment Act,
2008]
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