Neutral Citation Number: 2023:DHC:2806 another person and to which the user does not have any right, or is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, etc. It is pertinent to note that prior to the amendment, the intermediary was merely required to inform the user to not host, display, upload, modify, publish, transmit, store, update or share the said content, but the amendment increases the burden on the intermediary. 24. First proviso to Rule 3(1)(d) enlists that in the case of any prohibited information as mentioned in Rule 3(1)(d), the intermediary is required to remove or disable access to that information, as early as possible, but in no case later than thirty-six hours from the receipt of the Court order or on being notified by the Appropriate Government or its agency, as the case may be. Furthermore, Section 3(1)(m) has been inserted in the 2022 Amendment Rules to state that the intermediary shall take all reasonable measures to ensure accessibility of its services to users along with reasonable expectation of due diligence, privacy and transparency, and the newly inserted Section 3(1)(n) states that the intermediary shall respect all the rights accorded to the citizens under the Constitution, including in Articles 14, 19 and 21. 25. Apart from knowledge of the offending information being supplied by way of a Court order or an order of the Appropriate Government or its agency, the IT Rules under Rule 3(2) introduces a detailed and time-bound grievance redressal mechanism to a user or a victim to approach the intermediary directly by making a complaint with regard to the violation of the provisions of Rule 3 to the Grievance Officer who is then supposed to acknowledge the complaint within twenty-four hours and then dispose of the same within a period of fifteen days from the date of its receipt. The 2022 Amendment Rules have added a proviso to Rule 3(2)(a)(i) which states that Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 25 of 88

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