“As part of such due diligence obligations, it is the responsibility of concerned intermediaries including social media intermediaries to promptly take necessary action under the IT Rules, 2021 by not allowing any user to host, display, upload, modify, publish, transmit, store, update or share any unlawful or false information.”Further, the exemption from liability for any third party information, data, or communication link made available or hosted by social media intermediaries as provided under section 79 of the IT Act shall not apply if such intermediaries do not follow the due diligence obligations as prescribed under the IT Act read with IT Rules, 2021 or abetted or aided, in the commission of the unlawful act,” the IT Ministry said.In case of failure of the intermediaries to observe the due diligence obligations as provided in the IT Rules, 2021, the provision of section 79 of the IT Act shall not be applicable to such intermediary and they shall be liable for consequential action as provided under any law including the IT Act and the Bharatiya Nyaya Sanhita 2023.
Source link
