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