24.12.2018 V1.0
DRAFT
The Information Technology
[Intermediaries Guidelines (Amendment) Rules]
2018
1. Short title and commencement — (1) These rules may be called the Information
Technology [Intermediaries Guidelines (Amendment) Rules, 2018. (2) They shall
come into force on the date of their publication in the Official Gazette.
2. Definitions — (1) In these rules, unless the context otherwise requires,-(a) "Act" means the Information Technology Act, 2000 (21 of 2000);
(b) “Appropriate Government” means appropriate Government as defined in clause
(e) of sub-section (1) of section 2 of the Act;
(c) "Communication link” means a connection between a hypertext or graphical
element (button, drawing, image) and one or more such items in the same or
different electronic document wherein upon clicking on a hyperlinked item; the
user is automatically transferred to the other end of the hyperlink which could be
another document or another website or graphical element;
(d) "Computer resource” means computer resource as defined in clause (k) of subsection (1) of section 2 of the Act;
(e) “Critical Information Infrastructure” means critical information infrastructure as
defined in Explanation of sub-section (1) of section 70 of the Act;
(f) "Cyber security incident” means any real or suspected adverse event in relation
to cyber security that violates an explicitly or implicitly applicable security policy
resulting in unauthorised access, denial of service or disruption, unauthorised use
of a computer resource for processing or storage of information or changes to
data, information without authorisation;
(g) "Data" means data as defined in clause (o) of sub-section (1) of section 2 of the
Act;
(h) "Electronic Signature" means electronic signature as defined in clause (ta) of subsection (1) of section 2 of the Act;
(i) "Indian Computer Emergency Response Team” means the Indian Computer
Emergency Response Team appointed under sub-section (1) of section 70B of
the Act;
(j) “Information” means information as defined in clause (v) of sub-section (1) of
section 2 of the Act;
(k) “Intermediary” means an intermediary as defined in clause (w) of sub-section (1)
of section 2 of the Act;
(l) "User" means any person who accesses or avails any computer resource of
intermediary for the purpose of hosting, publishing, sharing, transacting,
displaying or uploading information or views and includes other persons jointly
participating in using the computer resource of an intermediary;
(2) All other words and expressions used and not defined in these rules but defined in
the Act shall have the meanings respectively assigned to them in the Act.
3. Due diligence to be observed by intermediary — The intermediary shall observe
following due diligence while discharging his duties, namely: —
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