Who is an intermediary in India?

According to Section 2 of the IT Act, apart from companies such as Facebook Inc., Twitter Inc. and other social media platforms, intermediaries also include firms such as Amazon.com Inc. and Zomato. The definition of intermediaries even covers cyber cafes, which can be used by users to access the internet.

Who are intermediaries under IT Act?

Under Information Technology Act, 2000, Section 2(1) (w) defines an ‘Intermediary’ as ‘any person who on behalf of another person receives, stores, transmits that record or provides any service with respect to electronic record and Page 11 liability of Intermediaries 2 includes telecom service providers, internet …

What is Section 79 of IT Act?

Section 79 in The Information Technology Act, 2000 says that any social media intermediary will not be in the radar of legal action for any third party information, data, or communication link made available or hosted by him.

Under what circumstances intermediaries can be held liable under the Act?

Currently, Section 79 of the IT Act, the Intermediary Guidelines & Shreya Singhal Judgment, is the authoritative law of India on intermediary liability. Hence, intermediaries cannot be held liable unless they had the correct information, and unless the requisite authority gives proper court order.

Is Amazon an intermediary?

Generally, most e-commerce platforms, such as Amazon, Flipkart, Snapdeal and the like, are considered intermediaries, protected by safe harbour provisions contained in §79 of the Information Technology Act, 2000.

Is WhatsApp an intermediary?

repeated WhatsApp messages are circulated and recirculated whose content are already in public domain. “As a significant social media intermediary, WhatsApp seeks a safe harbour protection as per the provisions of the Information Technology Act.

Is Netflix an intermediary?

India tightened its grip on social media firms such as Facebook and Twitter. The rules, called the “Intermediary Guidelines and Digital Media Ethics Code”, also require firms such as Netflix and Amazon’s Prime Video to classify content into categories based on viewers’ age.

What is Section 67 of IT Act?

” Section 67 requires the matter sent to be “lascivious or lewd” and appeal to one’s “prurient interest…or deprave a person. ” It attracts up to three years’ imprisonment. The matter could be “video files, audio files, text messaged, animation etc” said the Judge.

What is Section 43 of IT Act?

Section 43: Where a person without the permission of owner or any other person-in-charge damage the Computer, or Computer System, or Computer Network, the he shall be liable for Penalty and Compensation to such person so affected.

What companies use intermediaries?

Examples of business intermediaries

• Real estate agents/brokers. Real estate agents and brokers work with property owners to sell houses and land.
• Entertainment agents.
• Literary agents.
• Investment bankers.
• Car salespeople.
• Grocery stores.
• Department stores.
• Shopping malls.

What are the different types of intermediaries?

There are four main types of intermediary: agents, wholesalers, distributors, and retailers.

What is the new rule in WhatsApp?

Reuters WhatsApp has consistently opposed calls for dilution of end-to-end encryption on its platform. The government’s new rules for social media, which came into effect on Wednesday, mandates instant messaging apps such as WhatsApp to trace the origin of a message, if required by the authorities by law.

When to use an intermediary for a defendant?

If the assessing intermediary is of the view that the Defendant would not fully understand the prosecution case and be able to instruct his/her legal team without the use of an intermediary, Communicourt will not accept a booking which is only for the point of giving evidence.” Intermediaries for Justice take a similar stance and have this to say:

Why is intermediary liability a problem in India?

This case highlighted the lacuna in law, whereby an intermediary could be exposed to liability on account material it did not generate but only provided a platform to publish/circulate. The possibility of such liability threatened the growth of the e-commerce ecosystem.

What are the requirements for an intermediary in India?

Local Presence Requirement: Intermediaries with above 50 Lakh users are required to be incorporated in India and permanent, registered, physical address in India. They are also required to have a nodal person who shall be available 24X7 to provide assistance to State agencies. Will increase operational costs.

What is the position of the intermediaries for defendants-ICCA?

In a recent CA decision in R v Biddle [2019] EWCA 68 (Crim) the CA expressed its frustration with the policy of Communicourt to withdraw from the process of assisting a Defendant where ‘full trial’ assistance had been recommended but the court ruled that ‘evidence only’ assistance was necessary. What is the position of the Intermediaries?