Internet Service Providers and Intermediary Liabilities

Abstract

Just as the provision of goods in the physical world necessitates the involvement of numerous entities that act as intermediaries, the internet supply chain involves several online intermediaries that provide the infrastructure via which customers can exchange information. These can include but are not limited to, telecom and internet service providers, web hosting, Internet search engines, social networking, instant messaging, and so on. It is now impossible to consider life without the internet. The internet, which connects billions of people globally, is a key pillar of the modern information society for creating and trading material. The way we connect and share information has changed, with many negative consequences, and it's not every day that intermediaries are neutral. The judicial process has continued to shape and solidify legislation relating to intermediaries over the years. In India section 79, of the Information technology Act, 2000 governs intermediaries (service providers), under this law no person providing any service as a network service provider shall be liable, rules or regulations made thereunder for any third-party information or data made available by him if he proves that the offense or contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offense or contravention(the information technology act, 2000, 2000). In 2017, UNESCO published the book “Fostering Freedom Online: The Role of Internet Intermediaries”. It aimed to shed light on how internet intermediaries both foster and restrict freedom of expression across a range of jurisdictions, circumstances, technologies, and business models. (MacKinnon Rebecca et al., 2015). In Ghana, the (Data Protection Act, 2012) was borne by the constitution to protect the privacy of the individual and personal data by regulating the processing of personal information, providing the process to obtain, hold, use or disclose personal information, and for related matters. Serving as a check to these internet intermediaries. In the (electronic transactions act, 2008 (ACT 772)), section 90 is dedicated to the Liability of service providers and intermediaries. “Liability” means that intermediaries must prevent the occurrence of unlawful or harmful activity by users of their services. Failure to do so may result in legal orders compelling the intermediary to act or expose the intermediary to civil or criminal legal action (APC). Keywords: intermediaries, Internet Service Providers, liable, jurisdictions, internet BOOK Chapter ǀ Research Nexus in IT, Law, Cyber Security & Forensics. Open Access. Distributed Free Citation: Anna Asunka (2022): Internet Service Providers and Intermediary Liabilities Book Chapter Series on Research Nexus in IT, Law, Cyber Security & Forensics. Pp 113-118 www.isteams.net/ITlawbookchapter2022. dx.doi.org/10.22624/AIMS/CRP-BK3-P19