Intermediary
Any entity that receives, stores, or transmits electronic records on behalf of another — including social media platforms, ISPs, search engines, and e-commerce marketplaces.
Full Definition
Section 2(w) of the IT Act defines 'intermediary' as any person who on behalf of another person receives, stores, or transmits a record or provides any service with respect to that record. The 2008 Amendment significantly expanded the definition to include: telecom service providers, web-hosting companies, search engines, online payment sites, online auction sites, online marketplaces, and cyber cafes. The intermediary concept is foundational to the safe harbour under Section 79: intermediaries are not liable for third-party content they transmit or host, provided they observe the prescribed due diligence. This is India's analogue to Section 230 of the US Communications Decency Act.
In Indian Law
IT Act Section 2(w) (definition) and Section 79 (safe harbour). The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 impose detailed obligations on intermediaries: grievance officers, content takedown within 36 hours for specified content (24 hours for CSAM), transparency reports, and — for significant social media intermediaries with 5 million+ users — traceability of message originators. The Supreme Court in Shreya Singhal v. Union of India (2015) struck down Section 66A but read down Section 79 to require a court order or government direction before intermediaries remove content.
Related Legal Sections
Landmark Cases
Shreya Singhal v. Union of India (2015) — Section 79 read down; Section 66A struck down
Avnish Bajaj v. State (NCT of Delhi) (2005) — Early test of intermediary liability
Frequently Asked Questions
Is WhatsApp an intermediary under the IT Act?
Yes. WhatsApp is an intermediary as it transmits messages between users. As a significant social media intermediary (over 5 million users in India), it is subject to the IT Rules 2021, including appointment of grievance, compliance, and nodal officers in India.
When does an intermediary lose its safe harbour protection?
An intermediary loses safe harbour under Section 79 if it initiates the transmission, selects the recipients, or modifies the content. It also loses protection if, after receiving actual knowledge of unlawful content (through court order or government direction), it fails to act expeditiously to remove it.