Page 34 - Approved Social Media Framework and Guidelines
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(2) The provisions of sub-section (1) shall apply if-
(a) the function of the intermediary is limited to providing access to a
communication system over which information made available by third parties is
transmitted or temporarily stored; or hosted
(b) The intermediary does not-
(i) initiate the transmission,
(ii) select the receiver of the transmission, and
(iii) select or modify the information contained in the transmission
(c) the intermediary observes due diligence while discharging his duties under this
Act and also observes such other guidelines as the Central Government may prescribe in
this behalf.
(3) The provisions of sub-section (1) shall not apply if-
(a) The intermediary has conspired or abetted or aided or induced, whether by
threats or promise or otherwise in the commission of the unlawful act.
(b) upon receiving actual knowledge, or 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, the intermediary fails to expeditiously remove or disable
access to that material on that resource without vitiating the evidence in any manner.”
Explanation- For the purpose of this section, the expression “third party
information” means any information dealt with by an intermediary in his capacity as
an intermediary.”
Section 43 A of the Information Technology Act, 2000 also has a bearing upon the
subject at hand. The said provision states as follows:-
“Where a body corporate, possessing, dealing or handling any sensitive personal data or
information in a computer resource which it owns, controls or operates, is negligent in
implementing and maintaining reasonable security practices and procedures and thereby
causes wrongful loss or wrongful gain to any person, such body corporate shall be liable
to pay damages by way of compensation to the person so affected.
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