Section 79 of ITA, 2000 : Section 79: Exemption From Liability Of Intermediary In Certain Cases

Explanation using Example

Let's consider a hypothetical scenario where John posts defamatory content about Robert on a social media platform, Facebook. Facebook, in this case, is the intermediary. According to Section 79 of The Information Technology Act, 2000, Facebook is not liable for the defamatory content posted by John, as it is merely providing a platform (communication system) for users to express their views.

Facebook did not initiate the transmission (John did), select the receiver of the transmission (it was available to anyone on John's friend list or the public, depending on his privacy settings), or modify the information in the transmission (John's post was published as it was).

However, if Robert reports the defamatory post to Facebook and they fail to remove or disable access to the post in a timely manner, then Facebook could potentially lose its immunity under this section. Also, if Facebook was found to have in any way aided or induced the posting of the defamatory content, it would not be protected under this law.