Question

As per Section 2(1)(w) of Information Technology Act, 2000 “intermediary”, with respect to any electronic records, the defination means any person who on behalf of another person receives, stores, or transmits that record or provides any service with respect to that record and includes __________.
telecom service and network service providers,
internet and webhosting service providers except search engines
online payment sites and online-auction sites
online-market places except cyber cafes

• A. i and ii are correct
• B. i and iii are correct
• C. ii and iii are correct
• D. i and iv are correct

Hint:

The legal definition of an "intermediary" under the IT Act is very broad to cover all types of service providers that handle third-party data. The "except" clauses in the options are designed to mislead.

Answer 1

The Correct Option is B

Let's analyze the definition of "intermediary" under Section 2(1)(w) of the IT Act, 2000.
The definition provides an inclusive list of entities that are considered intermediaries.
The actual list in the Act includes: telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-marketplaces, and cyber cafes.
Let's check the given statements against the law:
i.
telecom service and network service providers: This is correct as per the Act.

ii.
internet and webhosting service providers except search engines: This is incorrect.
The Act explicitly includes search engines.

iii.
online payment sites and online-auction sites: This is correct as per the Act.

iv.
online-market places except cyber cafes: This is incorrect.
The Act explicitly includes cyber cafes.
Therefore, only statements i and iii are correct.