Role of ‘Intermediaries’ in the cyber world: a comparative study of the legislative policies & recent judicial trends

Since time immemorial, criminal justice systems led by the law enforcement agencies, have pursued the actor who does a criminal act that constitutes an offence. Traditionally, criminal liability has been fastened on the main actor or offender who commits the crime, conspirators, and abettors and in few offences on persons representing others such as corporate entities. The new strategies mark a revolutionary shift from the main actor, the criminal, to certain non-actors in the cyber world called the ‘intermediaries’. To what extent an intermediary can be held liable for the crimes committed in cyber space is a question which is mooted all over the world. The present research paper has addressed this issue through a comparative analysis of the legislative and judicial trends prevailing in various countries.