Neutral Citation Number: 2023:DHC:2806
intermediary to avoid any misuse by
users;
(ii) receive and acknowledge any order,
notice or direction issued by the Appropriate
Government, any competent authority or a
court of competent jurisdiction.
(b) The intermediary shall, within twenty-four
hours from the receipt of a complaint made by an
individual or any person on his behalf under this
sub-rule, in relation to any content which is prima
facie in the nature of any material which exposes
the private area of such individual, shows such
individual in full or partial nudity or shows or
depicts such individual in any sexual act or
conduct, or is in the nature of impersonation in an
electronic form, including artificially morphed
images of such individual, take all reasonable and
practicable measures to remove or disable access
to such content which is hosted, stored, published
or transmitted by it:
(c) The intermediary shall implement a
mechanism for the receipt of complaints under
clause (b) of this sub-rule which may enable the
individual or person to provide details, as may be
necessary, in relation to such content or
communication
link.‖
28.
Rule 7 of the IT Rules categorically states that if any intermediary
fails to observe the rules, the safe harbour protection provided to the
intermediary under Section 79 of the IT Act will stand vitiated and the
intermediary shall stand liable for prosecution under any law for the time
being in force, including the IT Act and the Indian Penal Code, 1860.
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
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