Section 79 is a crucial provision within the Information Technology Act, 2000, which establishes the "safe harbour" principle for internet intermediaries in India. This provision was introduced through an amendment in 2008, becoming effective on October 27, 2009, to solve the problem of holding platforms like social media sites, search engines, and e-commerce portals liable for content posted by their users. The core mechanism is that an intermediary is not liable for any third-party information, data, or communication link hosted by it, provided it meets certain conditions.
To qualify for this immunity under Section 79(2), the intermediary must act as a neutral conduit, meaning its function is limited to providing access, and it must not initiate the transmission, select the receiver, or modify the content. Furthermore, it must observe "due diligence" and comply with guidelines prescribed by the Central Government. The protection is lost under Section 79(3) if the intermediary conspires in an unlawful act or fails to expeditiously remove or disable access to content after gaining "actual knowledge" of its illegality.
A significant connection is the landmark Supreme Court judgment in Shreya Singhal v. Union of India (2015), which read down Section 79(3)(b) to clarify that an intermediary's obligation to remove content arises only upon receiving a court order or a notification from the appropriate government or its agency. This interpretation was a victory for free speech, preventing platforms from having to adjudicate private takedown requests.
The provision has changed recently with the notification of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which superseded the 2011 rules. These 2021 Rules impose stricter due diligence obligations, including the requirement for intermediaries to remove certain unlawful content within 36 hours of receiving a complaint or direction, and to appoint India-based compliance officers. Failure to comply with these rules results in the loss of the safe harbour protection under Section 79(1).