🔒 Module 8 of 12

Website Blocking, Intermediary Law & Platform Liability

"The Power Side of Cyber Law"

Master Section 69A blocking procedures, IT Intermediary Rules 2021-2025, safe harbour immunity, due diligence obligations, Grievance Appellate Committee procedures, and writ remedies against unlawful blocking.

8
Comprehensive Parts
60
Quiz Questions
12+
Hours Content
25+
Case Laws
20+
Years of Evolution

📊 Module Progress Tracker

📅 Evolution of Intermediary Laws in India (2000-2025)

2000IT Act enacted — Section 79 provides limited immunity
Original "network service provider" definition created ambiguity
2004Avnish Bajaj (Bazee.com) Case
Exposed gaps in Section 79 — CEO held liable for third-party content
2008IT Amendment Act — "Actual Knowledge" introduced
Broadened intermediary definition, Section 69A added for blocking
2009Blocking Rules notified
IT (Procedure and Safeguards for Blocking) Rules, 2009
2011IT Intermediary Guidelines Rules
Due diligence requirements formalized
2012MySpace Inc. v. Super Cassettes
Proactive monitoring debate — "specific knowledge" standard
2015Shreya Singhal v. Union of India
Landmark judgment — S.66A struck down, S.69A upheld with safeguards
2019Christian Louboutin v. Nakul Bajaj
Active vs Passive intermediary distinction
2021IT Rules 2021 notified
New due diligence framework, SSMI obligations, traceability
2022-23IT Rules Amendments
GAC established, fact-checking, CSAM monitoring
2025IT Rules Amendment 2025
Joint Secretary requirement, deepfake regulation, synthetic content labeling

Course Structure — 7 Parts + Assessment

8.1

Section 69A IT Act — Blocking Powers

Power to Direct Blocking for Public Access

Understanding the Central Government's power to block websites, apps, and content in the interest of sovereignty, security, public order, and more. Grounds, procedure, and constitutional analysis.

Section 69AArticle 19(2)Blocking GroundsMeitY Powers
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8.2

Blocking Rules 2009 — Procedure & Safeguards

IT (Procedure and Safeguards for Blocking) Rules, 2009

Complete procedure from complaint to blocking order — Nodal Officers, Designated Officers, Committee of Examination, Review Committee, emergency blocking, and confidentiality requirements.

Blocking Rules 2009CommitteeEmergencyReview
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8.3

IT Intermediary Rules 2021-2025

Digital Media Ethics Code & Amendments

Comprehensive analysis of IT Rules 2021, 2022-2023 amendments, and 2025 amendments — SSMI obligations, traceability, proactive monitoring, deepfake regulations, and compliance requirements.

IT Rules 2021SSMI2025 AmendmentDeepfakes
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8.4

Safe Harbour & Section 79 Immunity

Conditional Exemption from Liability

Section 79 immunity framework, conditions for safe harbour, "actual knowledge" doctrine, when immunity is lost, and the evolution from Shreya Singhal to present. Copyright Act interplay.

Section 79Safe HarbourActual KnowledgeCopyright
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8.5

Due Diligence & Platform Obligations

Active vs Passive Intermediaries

Due diligence requirements under IT Rules, distinction between active and passive intermediaries, e-commerce platform liability, content moderation, AI moderation challenges, and the "enablement" test.

Due DiligenceActive/PassiveContent ModerationAI
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8.6

Grievance Appellate Committee (GAC)

Three-Tier Redressal Mechanism

GAC establishment, jurisdiction, filing procedure, timeline for appeals, digital-only process, composition, powers, and effectiveness. User rights and platform accountability.

GACGrievance OfficerAppeal Process30-Day Timeline
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8.7

Writ Remedies & Court Challenges

Filing in High Court & Civil Court

Challenging blocking orders through writs, Article 226 jurisdiction, grounds for challenge, John Doe orders for piracy, dynamic injunctions, and landmark judicial decisions on website blocking.

Article 226CertiorariJohn DoeDynamic Injunction
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📝 Module 8 Final Assessment

60 comprehensive questions covering all 7 parts — Section 69A blocking, IT Rules evolution, safe harbour immunity, due diligence, GAC procedures, and writ remedies. 70% passing score required.

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Learning Outcomes

📜
Explain Section 69A powers and constitutional basis for website blocking
⚙️
Navigate the complete blocking procedure under 2009 Rules
🛡️
Advise intermediaries on maintaining safe harbour immunity
📋
Ensure compliance with IT Rules 2021-2025 requirements
⚖️
Distinguish between active and passive intermediary liability
📝
File and argue appeals before Grievance Appellate Committee
🔨
Draft writ petitions challenging unlawful blocking orders
🤖
Navigate AI-related intermediary obligations and deepfake regulations

Landmark Cases Covered

Avnish Bajaj v. State (Bazee.com)
2005 Delhi HC
Exposed gaps in original S.79 — catalyst for 2008 amendments
Shreya Singhal v. Union of India
(2015) 5 SCC 1
S.66A struck down; S.69A upheld; "actual knowledge" = court order
MySpace Inc. v. Super Cassettes
2017 Delhi HC
"Specific knowledge" for copyright; proactive monitoring debate
Christian Louboutin v. Nakul Bajaj
2018 Delhi HC
Active vs Passive intermediary distinction established
Google LLC v. DRS Logistics
2023 Delhi HC
"Enablement" test for keyword advertising liability
Amazon v. Amway India
2020 Delhi HC DB
Section 79 applies to all intermediaries without active/passive distinction
X Corp. v. Union of India
2024 Karnataka HC
Upheld Rule 3(1)(d) and Sahyog portal constitutionality
UTV v. 1337X.To
2019 Delhi HC
Dynamic injunction for piracy — qualitative test for blocking

Ready to Master Intermediary Law?

Begin with Part 8.1 on Section 69A Blocking Powers and work through all 7 parts systematically.

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