information) Rules, 2009, which shall be supported
with a copy of such information in electronic form:
Provided that an order shall only be passed for the
purposes of prevention, detection, investigation,
prosecution or punishment of an offence related to the
sovereignty and integrity of India, the security of the
State, friendly relations with foreign States, or public
order, or of incitement to an offence relating to the
above or in relation with rape, sexually explicit
material or child sexual abuse material, punishable
with imprisonment for a term of not less than five
years:
Provided further that no order shall be passed in
cases where other less intrusive means are effective
in identifying the originator of the information:
Provided also that in complying with an order for
identification of the first originator, no significant
social media intermediary shall be required to
disclose the contents of any electronic message, any
other information related to the first originator, or
any information related to its other users:
Provided also that where the first originator of any
information on the computer resource of an
intermediary is located outside the territory of India,
the first originator of that information within the
territory of India shall be deemed to be the first
originator of the information for the purpose of this
clause.”
The above IT Guidelines are specific guidelines, which are
provided in respect of “significant social media intermediaries” and
the due diligence to be adhered to by them. These guidelines do not
in any manner obviate the duty of Telegram as a platform to take
all effective steps required to protect IP rights, including rights of
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 39 of 51
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