Intermediary Liability and Safe Harbour
Section 79 of the IT Act
Section 79 of the IT Act provides "safe harbour" — immunity from liability — to intermediaries (platforms, ISPs, social media companies) for third-party content, provided they comply with government directions under Sections 69A and 79(3)(b). Blocking orders under Section 69A typically require intermediaries (telecom service providers, internet service providers, and the platform itself) to comply, on pain of criminal liability.
- Section 79 safe harbour: intermediary not liable for third-party information if it acts as a mere conduit and does not initiate, select the receiver, or modify the transmission, AND complies with government directives.
- Section 79(3)(b): safe harbour is lost if the intermediary fails to comply with a government direction to remove or disable access to unlawful content.
- IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: impose additional obligations — grievance redressal, content moderation, significant social media intermediaries (SSMIs) must appoint Chief Compliance Officer, Nodal Contact Person, and Resident Grievance Officer in India.
- An intermediary that refuses to comply with a Section 69A blocking order loses safe harbour and can be held liable for all third-party content on its platform.
- Telegram's operational model — with strong end-to-end encryption and a policy of limited government cooperation — has historically created friction with Section 69A compliance demands.
● Tracked since March 10, 2026 · last seen June 23, 2026 · updates as the daily brief publishes
See it in today’s brief.
Daily current affairs with every static concept explained in place.
Read the daily brief