Chapter –8 Provisions Relating to Network Service
42. Liability of Network Service Providers : Intermediaries providing their services as network service providers shall undertake the following liabilities in
regard to such service provided by them:
(a) Liabilities referred to in the agreement made with the subscriber in regard to service provision,
(b) Liabilities referred to in the license of network service providers, and,
(c) Any such other liability as prescribed.
43. Network Service Provider not to be Liable : Notwithstanding anything contained in Section 42, no network service provider shall be liable to bear any
criminal or civil liability arising from any fact or statement mentioned orincluded in the information or data of the third party made available in electronic form by him/her merely on the ground that he/she has made available the access to such information or data.
Provided that, such a person or institution providing network service shall not be relieved from such liability, if he/she has made available access to
such information or data with the knowledge that any fact or statement mentioned or included in such information or data contravene this Act or Rules
Explanation: For the purpose of this section” Third Party” means a net work service provider who provides service as intermediary and any person over
whom there is no control of the network service provider.