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Intermediaries Held Liable for Their Actions: A Long-Awaited Change

The search for an intermediary or a middleman is easy in today’s world. We’re surrounded by them.

Various intermediaries operate as media companies, who, unlike the actual media companies, are not bound by or governed by a framework of legalities.

Cyber law firms in India are to abide by the definition provided under the Indian Information Technology Act, 2000, which essentially considers
  • web hosting service providers
  • network service providers
  • search engines
  • online auction sites
  • telecom service providers, etc. as intermediaries.
According to the same act, under section 79, intermediaries must comply with certain requirements, so as to not be held accountable for making any third party information or data available.

Here’s what they must do:
  • It shall be considered to be an unlawful act on the part of the intermediary if they were to conspire or aid in the commission of any sort of a foul act or an offence.
  • Due diligence should be carried out as it discharges obligations mentioned under the laws.
  • Intermediaries need to comply with the rules and regulations provided by the act.
  • While discharging obligations, the intermediaries must exercise due diligence.
There is a high possibility that being aware of such facts or even keeping up with this news may be tough for the regular guy, which is why taking the help of cyber law firms in India is a sensible idea.

Another notable fact related to the intermediaries arena is the increase in fake news. Considering the lack of laws governing fake news, the steps that must be taken to prevent such news from spreading, especially from their channels, need to be put in place.

In spite of the government being given control over the formulation strategy of regulating intermediaries, crucial elements that would work in favour of the people. The electronic ecosystem is flooded with intermediaries, who now need to be converted from their present state to legal entities who shall adhere to the Indian cyber laws.

Even when an intermediary resided outside the boundaries of India, it must comply with the cyber laws put in place by the Indian regulatory bodies. Cyber law firms in India should be able to help intermediaries in acquiring knowledge of the same.

The ultimate aim of passing laws related to intermediary liability is to protect the freedom of the users and have them practice their rights without fear. A balance between the media and its stakeholders is of utmost importance at this point.

Here’s a change that India has been waiting for.

Cyber laws can provide help with dealing with the aftereffects of a cybersecurity breach, but leaked information cannot be brought back. Techno Legal Consultants is a premier organization in cyberlaw advisory, cybercrime consultancy, cyber law compliance audit, cybersecurity services, cyber forensics services and cyber training that could lend a helping hand.

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