What is the liability of network service provider for contravention of Information Technology Act, 2000 ?
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2021
What is the liability of network service provider for contravention of Information Technology Act, 2000 ?
Answer & Explanation:
Section 2(1)(w) of the Information Technology Act, 2000 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).
Topics: Information Technology Act
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