24.12.2018 V1.0
DRAFT
Constitution of India such as in the interests of the sovereignty and integrity of India, the
security of the State, friendly relations with foreign States, public order, decency or morality,
or in relation to contempt of court, defamation or incitement to an offence, on its computer
resource without vitiating the evidence in any manner, as far as possible immediately, but in
no case later than twenty-four hours in accordance with sub-rule (6) of Rule 3. Further the
intermediary shall preserve such information and associated records for at least ninety days
one hundred and eighty days for investigation purposes, or for such longer period as may be
required by the court or by government agencies who are lawfully authorised.
(9) The Intermediary shall deploy technology based automated tools or appropriate
mechanisms, with appropriate controls, for proactively identifying and removing or disabling
public access to unlawful information or content
(10) The intermediary shall report cyber security incidents and also share cyber security
incidents related information with the Indian Computer Emergency Response Team.
(11) The intermediary shall not knowingly deploy or install or modify the technical
configuration of computer resource or become party to any such act which may change or has
the potential to change the normal course of operation of the computer resource than what it
is supposed to perform thereby circumventing any law for the time being in force:
Provided that the intermediary may develop, produce, distribute or employ technological
means for the sole purpose of performing the acts of securing the computer resource and
information contained therein.
(12) The intermediary shall publish on its website the name of the Grievance Officer and his
contact details as well as mechanism by which users or any victim who suffers as a result of
access or usage of computer resource by any person in violation of rule (3) can notify their
complaints against such access or usage of computer resource of the intermediary or other
matters pertaining to the computer resources made available by it. The Grievance Officer
shall redress the complaints within one month from the date of receipt of complaint;
(13)The intermediary shall strictly follow the provisions of the Act or any other laws for the
time being in force.
Page 4