II- खÖड 3(i)]
[
ğ:
h) contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
resource;
i)
threatens the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the commission
of any cognisable offence or prevents investigation of any offence or is insulting any
other nation
(3) The intermediary shall not knowingly host or publish any information or shall not
initiate the transmission, select the receiver of transmission, and select or modify the
information contained in the transmission as specified in sub-rule (2):
provided that the following actions by an intermediary shall not amount to hosing, publishing,
editing or storing of any such information as specified in
sub-rule: (2) —
(a) temporary or transient or intermediate storage of information automatically within
the computer resource as an intrinsic feature of such computer resource, involving no
exercise of any human editorial control, for onward transmission or communication to
another computer resource;
(b) removal of access to any information, data or communication link by an
intermediary after such information, data or communication link comes to the actual
knowledge of a person authorised by the intermediary pursuant to any order or direction as
per the provisions of the Act;
(4) The intermediary, on whose computer system the information is stored or hosted or
published, upon obtaining knowledge by itself or been brought to actual knowledge by an
affected person in writing or through email signed with electronic signature about any
such information as mentioned in sub-rule (2) above, shall act within thirty six hours and
where applicable, work with user or owner of such information to disable such information
that is in contravention of sub-rule (2). Further the intermediary shall preserve such
information and associated records for at least ninety days for investigation purposes,
(5) The Intermediary shall inform its users that in case of non-compliance with rules and
regulations, user agreement and privacy policy for access or usage of intermediary
computer resource, the Intermediary has the right to immediately terminate the access or
usage lights of the users to the computer resource of Intermediary and remove noncompliant information..
(6) The intermediary shall strictly follow the provisions of the Act or any other laws for the
time being in force.
(7) When required by lawful order, the intermediary shall provide information or any such
assistance to Government Agencies who are lawfully authorised for
1330 GI/11-3B