Provided further that the Authority while passing such order shall give 24 hours’ time
to the Service Provider, Social Media Company, owner of Information System, owner of
internet website or web server and User to comply with the directions of the Authority for
removal or blocking access to the Online Content and any other directions as may be issued in
the order.
Provided further that in case of emergency the Authority may direct the Service
Provider, Social Media Company, owner of Information System, owner of internet website or
web server and User to remove, block access to the Online Content complained of within 6
hours instead of 24 hours from the time of the receiving of the directions. Provided that the
Authority shall specify the reasons for emergency in writing.
(3)
The Authority may in consultation with the law enforcement agency /
investigation agency, defer action, not beyond one month, on a complaint in the interest of
helping criminal investigation of the matter.
Provided that action on a complaint relating to modesty of a natural Person shall not be
deferred by the Authority without consent of the Complainant.
(4)
The blocking or removal of any unlawful Online Content hosted on
websites/web servers offering Https or similar protocols shall be undertaken by the Authority
on a best effort basis.
(5)
In case the Service Provider, Social Media Company, owner of Information
System, owner of Internet website or web server and User fails to remove or block access to
the Online Content or to comply with the directions issued by the Authority under Rule 6 (2)
above within the specified time, the Authority may initiate action against Service Provider,
Social Media Company, owner of Information System, owner of Internet website or web server
and User under the Act.
(6)
The Authority while issuing directions for removal or blocking access to any
Online Content may direct the Service Provider, Social Media Company, owner of Information
System, owner of Internet website or web server and User to secure such information including
traffic data, as the case may be, for such period of time as the Authority may deem appropriate.
(7) The Authority may seek an expert opinion from any person(s) wherever it deems
appropriate during processing of the complaint against Online Content.
7.
Obligations with respect to blocking and removal of unlawful Online Content.- A
Service Provider, Social Media Company, owner of Information System, owner of internet
website or web server and User shall, upon receiving any directions under Rule 6 by the
Authority, in writing or through email signed with electronic signature, shall act within twentyfour hours or in case of emergency within six hours to remove or block access to such unlawful
Online Content.
8.
Blocking of Online System.- In case a Service Provider, Social Media Company,
owner of Information System, owner of internet website or web server and User fails to abide
by the provision of these Rules, the Authority may issue directions for blocking of the entire