Neutral Citation Number: 2023:DHC:2806
if the complaint is in the nature of request for removal of information or
communication link relating to Rule 3(1)(b), except sub-clauses (i), (iv) and
(ix), the intermediary shall act upon the same as expeditiously as possible
and resolve it within seventy-two hours of such reporting.
26.
Under Rule 3(2)(b) and Rule 3(2)(c), within twenty-fours from receipt
of complaint made by an individual or on their behalf in relation to 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 nature
of impersonation in an electronic form, including artificially morphed
images of such individual, the intermediary is required to take all reasonable
and practicable measures to remove or disable access to such content which
is hosted, stored, published or transmitted by it. Further, the intermediary is
also required to implement a mechanism for the receipt of complaints under
Rule 3(2)(b) which may enable the individual or person to provide details, as
may be necessary, in relation to such content or communication link.
27.
Rule 3 of the IT Rules has been reproduced as follows:
―3. (1) Due diligence by an intermediary: An
intermediary, including social media intermediary and
significant social media intermediary, shall observe the
following due diligence while discharging its duties,
namely:—
(a) the intermediary shall prominently publish on
its website, mobile based application or both, as
the case may be, the rules and regulations,
privacy policy and user agreement in English or
any language specified in the Eighth Schedule to
the Constitution for access or usage of its
computer resource by any person in the language
of his choice and ensure compliance of the same;
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 26 of 88
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