Intermediary
1) Which laws regulate content on the internet in India?
Online content, whether on the Internet or in mobile media, is regulated through the Information Technology Act 2000 (amended in 2008) and the rules formulated under the act. Besides, other laws governing content in all media include provisions (including those for defamation, incitement to offence, obscenity etc) in the Indian Penal Code, the Cinematograph Act, the Copyright Act, the Broadcasting Regulations, the advertising code, etc.
2) Who is an intermediary?
An intermediary, with respect to any particular electronic records, is defined as any person, who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes
Telecom service providers (companies like Airtel or Vodafone that provide mobile wireless communication and mobile internet)
Network service providers (companies like Airtel-Cisco or Tata Communications that provides backbone services to an Internet Service provider and used by web users for access to the Internet)
Internet service providers (companies like MTNL, Airtel that provide Internet access services)
com that rent their server space for people to host their websites
Search engines (companies like Google.com, Bing.com that help user search information on the web by providing links to the sites providing information.
Online payment sites (websites like Paypal.
com that authorise and facilitate monetary transactions online)
Online auction sites (websites like ebay.
in that offer bidding services)
Online market places (e-commerce sites like Flipkart.
Cyber cafes
3) What role do intermediaries play in the regulation of content?
Intermediaries are expected to lay down terms and conditions governing Internet use, so as to exhibit their due diligence. Due Diligence refers to adequate steps taken by a person as expected by the law in a given situation. An intermediary is supposed to inform their users as a part of the user agreement several clauses under which a user is not supposed to upload, store, display, modify, publish, transmit or share content.
4) What happens if a complaint is made against content on my site?
A blog host (the intermediary) will receive a complaint made against the content of your site. The intermediary is expected to take down the content within 36 hours. If they fail to do so, then they will be liable to legal action, if the case is taken to the court. The intermediary might choose to inform you or might put up a notice on your page citing the reason.
5) If the intermediary does not adhere to the take down notice within the stipulated 36 hours, what will they be liable for?
The entire onus for the takedown of the website is on the intermediary instead of the person who is responsible for uploading the content. If the intermediary fails to take down the content within the stipulated 36 hours, then according to 69 a (3) of the IT Amendment Act, the intermediary may be punished with an imprisonment ranging up to maximum of seven years with a fine.