Discuss the liability of network service providers in Information Technology Act, 2000.

Section 2(1)(w) of the Information Technology Act, 2000 (the Act) provides the definition of Intermediary. The Internet system depends, for its working, on network service providers- i.e. intermediaries. An "intermediary", with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes. In his capacity as an intermediary, a network service provider may have to handle matter which may contravene the Information Technology Act, 2000. To avoid such a consequence, the Act declares that no network service provider shall be liable "under Information Technology Act, 2000, rule or regulation made thereunder", for any third party information or data made available by him, if he proves that the offence or contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence or contravention. (Section 79). According to section 79(1) of the Information Technology Act, 2000, an intermediary shall not be liable for any third party information, data, or communication link made available or hosted by him. According to section 79(2) of the Information Technology Act, 2000, the provisions of section 79(1) shall apply if- 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 hosted; or the intermediary does not- initiate the transmission, select the receiver of the transmission, and select or modify the information contained in the transmission; the intermediary observes due diligence while discharging his duties under the Act and also observes such other guidelines as the Central Government may prescribe in this behalf. According to section 79(3) of the Information Technology Act, 2000, the provisions of section 79(1) of the Act shall not apply if- the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the unlawful act; 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.