The Expert Committee was formed to give a report on then existing Information Technology Act, 2000 considering the upgrading technology and to suggest suitable changes in the Act. The Committee suggested changes in the definition of intermediary by replacing the words “electronic record” with “electronic message” and also proposed to revise the safe harbour provision in Section 79 to bring it in line with the E-Commerce Directive of the European Union

The Committee under the chairmanship of Shri Nikhil Kumar gave its 50th Report on The Information Technology (Amendment) Bill, 2007 and rejected the suggestion of removing the requirement of due diligence from Section 79 of the Act. It suggested that retaining the due diligence provision should be preferred over allowing self-regulation by intermediaries.

The Report collates the recommendations obtained from various stakeholders including on the question whether the express requirement of a prior court notice must be inserted before content is taken down by an intermediary. The deletion of Rule 3(3) under the existing Intermediary Guidelines Rules, 2011 was also discussed.