Provided that where a Complainant is unable to lodge a complaint through the Form
specified in the Schedule, the Complainant may use any other appropriate means in writing to
lodge the complaint to the Authority while making full disclosure of available information
regarding the complaint and the Complainant.
Provided further that the Authority may seek any further information or clarification
from the Complainant for an appropriate decision on the complaint.
(3)
The complaints made under clause (ii) of sub-rule (1) above shall be made only
by authorized representative through a web-based mechanism developed by the Authority for
this purpose allowing the designated department to clearly elaborate the unlawful Online
Content complained of, its location on the internet and reasons for its removal or blocking
access to such Online Content.
(4)
The Authority shall register the said complaint through the allocation of unique
complaint number to be communicated to the Complainant.
(5)
The Authority shall ensure that the Online Content and the identity of the
Complainant is kept confidential if the sharing of such Online Content or the identity of the
Complainant with others may result in proliferation of the Online Content or harming,
harassing or defaming the Complainant, or invasive of the Complainant’s privacy or relates to
the modesty of the Complainant.
Provided that the Authority shall not disclose such Online Content and identity of the
Complainant to any person who are directly responsible for receiving and processing the
complaints. For this purpose, the Authority may in addition to other ordinary modes of filing
of a complaint also provide a separate secure mechanism for filing of a complaint.
(6)
The Authority, subject to the provisions of these rules, may on its own motion
take cognizance of any unlawful Online Content and may pass appropriate directions.
6.
Disposal of complaint.- (l) Subject to the provisions of these rules, a complaint filed
under rule 5 above, shall be decided by the Authority within thirty days.
(2)
The Authority while deciding any complaint filed under Rule 5 (1) or taking
any action under Rule 5 (6) may pass any order in writing and record reasons for its decision
for removal or blocking or issue directions to the Service Provider, Social Media Company,
owner of Information System, owner of internet website or web server and User for removal
or blocking access to an Online Content in accordance with the requirements of section 37 (1)
of the Act.
Provided that the Authority, subject to the provisions of the Act and these rules, prior
to passing of any order shall issue notice or provide an opportunity of hearing, as the case may
be, to the Complainant and any other Person who in the opinion of the Authority, is likely to
be adversely affected by such order.