Intermediary Liability – Meaning
Interactive websites like blogging platforms, messaging apps, social media and e-auction sites host / transmit user-generated content. Cyber cafes, free WiFi providers and telecom companies such as providers of broadband and mobile data act as a mere pipeline for people to access the Internet. Sometimes content posted by users could be illegal, like content infringing on someone’s copyright or pornographic content. The intermediaries who host / transmit this content could also be held liable for the content if they do not satisfy the conditions for gaining immunity from such liability laid down by the law.
Intermediaries under the Information Technology Act, 2000 in India
Intermediary has been defined under Section 2(w) of the IT Act,2000 “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 services with respect to that record and includes telecom service providers, network service providers, internet services providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cybercafés
What cannot be registered under Information Technology (Intermediaries Guidelines) Rules, 2011 in India?
You cannot host information that is:
- grossly harmful,
- invasive of another’s privacy,
- hateful, or racially, ethnically objectionable,
- relating or encouraging money laundering or gambling,
- or otherwise unlawful in any manner whatever,
- harm minors in any way or
- infringes any patent, trademark, copyright or other proprietary right
For further information on Intermediary Liability in India, please write to us at firstname.lastname@example.org.
To know more about Informatio0n technology law in India, read below: