Intermediary Liability

Section 79 — Exemption of Intermediaries (Safe Harbour):
(Beyond Sections 65–78 but contextually important)

An intermediary (internet service provider, social media platform, search engine) shall not be liable for third-party information, data, or communications if:

• It does not initiate the transmission
• It does not select the receiver
• It does not select or modify the information
• It observes due diligence and follows government-prescribed guidelines

IT Rules 2021 (Intermediary Guidelines):

• Significant Social Media Intermediaries (SSMIs) with 50 lakh+ users must appoint Chief Compliance Officer, Nodal Contact Person, Resident Grievance Officer (all based in India)
• Must publish transparency reports every 6 months
• Must enable tracing of first originator of messages under court/government order

---