l9
35.
ll/
Limitatiotr of lirbitity of service p.oviders.- (l ) No service provider shall be subject to
ally civil or criminal liability, unless it is established that the scrvice provider had spccific actual
knowlcdge and willful intent to proactivcly and positively participatc, ard not merely though
omission or failure to act, aod thereby facilitated, aidcd of abettcd the use by any person of ary
information system, service, application, oDline platform or telecosmunication system
maintaifled, controlled or managed by the service provider in connection with a contravention of
this Act or rules made thereurrder or any other law for the time being in force:
Providcd that the burden to prove that a s€rvicc provider had specific actual knowledge,
and
*,illful intent 1() proaclively
and positively participate in any act that gave rise to any
civil or
criminal liability shall be upon the person alleging such facts and no interim or final ordcrs, or
directions shall be issucd with respect to a service provider by any investigation agency or Court
unlcss such facts have so bccn proved and determined:
Provided fufther that such allegation and its proof shall clearly identify with specifrcity
the content, mate al or olher aspect with respect to which
civil or criminal liability is claimed
inciuding but not limitcd to unique idcntifiers such as thc Account ldentihcation (Account ID),
Uniform Resource t-ocator (URL), Top Lcvel Domain (TLD), lnternet Protocol Addresses (lP
Addresscs), or other unique idcntificr and clearly state thc statutory provision ard basis of the
claim.
(2)
No service provider shall under any circumstance be liable under this Act, rules
made thcreunder or any other law for maintaining and making availablc the provision of their
servicc in good faith.
(3)
No service provider shall be subject to any oivil or criminal liability as a result of
informing a subscriber, user or end-users affected by any claim, notice or exercise of any power
under this Act, rules made thereunder or
aly other law:
Provided that the service provider, for a period rrot exceeding for-uteen days, shall kecp
confldcntial and not disclosc the existence of any investigation or exercise of any power under
this Act when a noticc to this effect is servcd upon it by an authorized officer, which period of
confidcntiality may be extendcd beyond fourteen days it on an appiication by the authorized
offioer, tirc Court authorizcs an cxtension for a firther spccificd period upon being satisfied that
reasonable causc for such extension cxists.