Neutral Citation Number: 2023:DHC:2806
―11. It is submitted that, as stated above, the IT Rules,
2021have a clear objective of enhancing online safety
of users particularly women and children. It is further
submitted that various provisions of the IT Rules, 2021
focus on enhanced safety of women and children. It is
further submitted that these include:
1. Specific inclusion of certain requirements to be
explicitly conveyed in terms and conditions [Rule
3(l)(b)].
2. Reporting by the aggrieved individual in
respect of revenge porn and similar content
breaching physical privacy and taking action
within 24 hours for content removal [Rule
3(2)(b)].
3. Enhanced grievance redressal mechanism by
intermediaries[Rule 3(2)(a)].
4. Additional provision for SSMI to appoint a
Resident Grievance Officer, a Chief Compliance
Officer and a nodal contact person, all to be
residents in India; and a physical contact address
of the significant social media intermediary to be
in India [Rule 4(1)and 4(5)].
5. The Rules also have provisions that
intermediary shall cooperate with Law
Enforcement Agencies (LEA) to identify the first
originator of information related to rape and
child sexual abuse material (CSAM) imagery for
prosecution [Rule 4(2)].
6. The significant social media intermediaries
shall endeavor to deploy technology-based
measures to identify any imagery of child sexual
abuse, rape etc. whether real or simulated in
accordance with the safeguards in the Rules [Rule
4(4)].
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 61 of 88
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