Question

Intermediary is exempted from liability when: A. He exercises due diligence, B. He does not initiate the transmission, C. He selects the receiver of the transmission, D. He selects the information contained in the transmission, E. He does not modify the information contained in the transmission. Choose the correct answer from the options given below:

• A. A and B only
• B. A, B and E only
• C. D and E only
• D. A, B, C and D only

Hint:

Safe harbour applies when the intermediary does not initiate transmission, does not select receiver or content, does not modify information, and follows due diligence.

Answer 1

The Correct Option is B

Concept: Intermediary liability is governed by safe harbour principles. An intermediary can claim protection only when it acts as a neutral platform and follows due diligence.

Step 1: Check due diligence.
An intermediary must observe due diligence to claim exemption from liability. \[ A = \text{Correct} \]

Step 2: Check initiation of transmission.
The intermediary should not initiate the transmission. \[ B = \text{Correct} \]

Step 3: Check selection of receiver.
If the intermediary selects the receiver of transmission, it becomes actively involved and may lose safe harbour protection. \[ C = \text{Incorrect} \]

Step 4: Check selection or modification of information.
The intermediary should not select the information and should not modify the information contained in the transmission. \[ D = \text{Incorrect} \] \[ E = \text{Correct} \] Therefore, the correct answer is: \[ A,\ B,\ E \text{ only} \]