RAS question
Which Section of the IT Act provides safe harbour protection to intermediaries?
Correct answer: (D) Section 79.
Section 79 of the Information Technology Act provides safe harbour protection to intermediaries, subject to the conditions and due-diligence requirements stated in that section.
Explanation
Section 79 is the safe harbour provision because India Code titles it “Exemption from liability of intermediary in certain cases” and states that, subject to its conditions, an intermediary is not liable for third-party information, data, or communication links made available or hosted by it. The protection is conditional, not automatic. It applies where the intermediary’s role is limited to providing access to a communication system, or where it does not initiate the transmission, choose the receiver, or select or modify the transmitted information. The section also requires the intermediary to observe due diligence and prescribed government guidelines. Section 79 protects intermediaries only when they meet those due-diligence norms.
Why the other options are wrong
- (A) Section 66A is wrong because India Code identifies Section 79, not Section 66A, as the provision exempting intermediaries from liability in certain cases.
- (B) Section 87 is wrong because the safe harbour wording and due-diligence conditions appear in Section 79, the intermediary liability exemption provision in the IT Act.
- (C) Section 69A is wrong because Section 79 specifically deals with exemption from intermediary liability.
Concept
This tests digital governance under the IT Act, especially intermediary liability and safe harbour. It recurs in RAS because online regulation, platform accountability, and due diligence are standard governance themes.