Originator vs Addressee vs Intermediary: The Section 2 Actors

Every electronic message has a sender, a receiver and, usually, a carrier in between, and the Act defines all three precisely, excluding the carrier from the other two. The definitions drive the attribution, acknowledgment and timing rules of ss.11 to 13, so getting the actors right is the key to the dispatch provisions. Topic 47 built those sections; this note, as asked, is the dedicated comparison of the actors.

1. The Three Actors

Sender, receiver and carrier

Figure 1: Sender, receiver and carrier

Originator, s.2(1)(za). A person who sends, generates, stores or transmits an electronic message, or causes it to be done, to any other person, but does not include an intermediary: the author or sender of the record.
Addressee, s.2(1)(b). A person who is intended by the originator to receive the electronic record, but does not include an intermediary: the receiver the message is aimed at, not merely anyone who handles it.
Intermediary, s.2(1)(w). One who on another's behalf receives, stores or transmits the record or provides a service over it, and who is expressly excluded from both the originator and addressee definitions, so it is neither sender nor receiver, only a carrier (Topic 142)

2. Their Roles in Dispatch

Attribution, carriage and receipt

Figure 2: Attribution, carriage and receipt

Attribution, s.11. An electronic record is attributed to the originator if sent by him, by a person authorised by him, or by an automated system he programmed to operate automatically; the intermediary, being excluded, is not the originator even though it transmitted the record (Topic 47)
Acknowledgment, s.12. Where the originator has sought acknowledgment, the addressee's acknowledgment, in any form agreed or by conduct, completes the loop; absent acknowledgment where stipulated, the record may be treated as never sent.
Time and place, s.13. Dispatch occurs when the record leaves the originator's control; receipt is fixed by whether the addressee designated a computer resource, and dispatch and receipt are deemed to occur at the originator's and addressee's places of business, the intermediary's location being irrelevant.
Why the exclusion matters. Because the intermediary is excluded, attribution, acknowledgment and the timing of receipt run between originator and addressee, skipping the carrier, which is also why the intermediary's liability is governed separately by s.79 rather than by these rules.

⚠ Exam trap

Define all three with their clauses, originator s.2(1)(za), addressee s.2(1)(b), intermediary s.2(1)(w), and stress that the intermediary is expressly excluded from the other two. Tie the actors to the dispatch sections, attribution to the originator under s.11 including automated systems, acknowledgment to the addressee under s.12, and timing and place under s.13, which run between originator and addressee while the carrier's liability is handled by s.79.

3. Frequently Asked Questions

How do the IT Act define originator, addressee and intermediary?

The originator, under Section 2(1)(za), is the person who sends, generates, stores or transmits an electronic message or causes it to be done, excluding an intermediary. The addressee, under Section 2(1)(b), is the person the originator intends to receive the message, again excluding an intermediary. The intermediary, under Section 2(1)(w), receives, stores or transmits the message on another's behalf or provides a service over it, and is excluded from both the other definitions. Attribution under Section 11, acknowledgment under Section 12 and the timing of dispatch and receipt under Section 13 therefore run between originator and addressee, with the intermediary's liability governed separately by Section 79.

4. Related Topics

Topic 47: Attribution, Acknowledgment, Dispatch. Sections 11 to 13 in full.
Topic 142: Intermediary vs Publisher. The carrier's separate liability.