79. Network service providers not to be liable in certain cases

79. Network service providers not to be liable in certain cases

For the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this Act, rules or regulations made thereunder for

any third party information or data made available by him

if he proves that the offence or contravention was committed

  • without his knowledge or
  • that he had exercised all due diligence to prevent the commission of such offence for contravention.

Explanation- For the purposes of this section,- (a) “network service provider” means an intermediary;

(b) “third party information” means any information dealt with by a network service provider in his capacity as an intermediary.

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