Neutral Citation Number: 2023:DHC:2806 promise or otherwise in the commission of the unlawful act; (b) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner. Explanation.–For the purposes of this section, the expression ―third party information means any information dealt with by an intermediary in his capacity as an intermediary.‖ 23. With respect to the IT Rules, Rule 3 of the IT Rules assumes significance as it lays down due diligence that must be exercised by intermediaries and the grievance redressal mechanism that is to be employed by an intermediary. At this juncture, it is stated that the IT Rules have been amended by way of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022 (hereinafter referred to as the “2022 Amendment Rules”). This Court will, thus, refer to the amended Rule 3. Rule 3(1)(b) stipulates that the intermediary shall inform its rules and regulations, privacy policy and user agreement to the user in English or any language specified in the Eight Schedule to the Constitution in the language of his choice and shall make reasonable efforts to cause the user of its computer resource not to host, display, upload, modify, publish, transmit, store, update or share any information that, inter alia, belongs to Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 24 of 88