Page 30 - Approved Social Media Framework and Guidelines

Annexure III: Relevant section of Information Technology Act 2000

The Government departments need to realize that the moment they provide social media
platforms/websites/portals/facilities on their existing websites, portals and platforms, they
become a network service provider as they provide the services of providing such social
media facilities on the network. As such, the relevant Government department becomes
network service provider and hence intermediary under the Information Technology Act,
2000. Further when the said Government department provides such social media facilities
on its network, it receives, stores or transmits any particular electronic record on behalf of
another person or provides any service with respect to that record. As such they become
intermediary under Section 2(1)(w) of the amended Information Technology Act, 2000.

The moment the Government department becomes an intermediary, it is governed by its
liability under Section 79 of the amended Information Technology Act, 2000.

Section 79 of the amended Information Technology Act, 2000 provides the broad principle
that intermediaries like Government departments providing social media facilities are
generally not liable for third party data information or communication link made available
by them. However this exemption from liability can only be applicable if the said
Government department complies with various conditions of law as prescribed under
Section 79 of the amended Information Technology Act, 2000.

The said conditions which need to mandatorily complied with the Government department
to claim exemption for any third party data information or communication link made
available or hosted by them in connection with social media facilities made available by the
said department on their network are as follows:

1) The function of the Government department is limited to providing access to a
communication system over which information made available by third parties is
transmitted or temporarily stored; or hosted

2) The Government department does not-

(i) initiate the transmission,

(ii) select the receiver of the transmission, and

(iii) select or modify the information contained in the transmission

3) The Government department observes due diligence while discharging its duties
under this Act and also observes such other guidelines as the Central Government
may prescribe in this behalf.

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