Neutral Citation Number: 2023:DHC:2806
cause to be blocked for access by the public any
information generated, transmitted, received,
stored or hosted in any computer resource. (2)
The procedure and safeguards subject to which
such blocking for access by the public may be
carried out, shall be such as may be prescribed.
(3) The intermediary who fails to comply with the
direction issued under sub-section (1) shall be
punished with an imprisonment for a term which
may extend to seven years and also be liable to
fine.‖
22.
An intermediary is exempted from incurring any liability in certain
cases under Section 79 of the IT Act, which is known as the “safe harbour
provision”. This provision states that an intermediary shall not be liable for
any third party information, data, or communication link made available or
hosted by him. The intermediary in question is required to observe due
diligence while discharging his duties under the Act and to also observe
such other guidelines as the Central Government may prescribe in his
behalf. Section 79(3) states that the protection under Section 79 lapses and
does 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, or if upon receiving “actual knowledge”, or if the
intermediary fails to expeditiously remove or disable access to that material
on that resource without vitiating the evidence in any manner 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.
Section 79 of the IT Act is as under:
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 22 of 88
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