Neutral Citation Number: 2023:DHC:2806
Media Ethics Code) Rules, 2021 (hereinafter "IT
Rules, 2021") on 25.02.2021. It is further submitted
that the Part II of the IT Rules, 2021 have been framed
under Section 79 of IT Act, 2000, which relates to due
diligence to be observed by an intermediary. A copy of
IT Rules 2021 is annexed herewith and marked as
Annexure RA-1.
8.
It is submitted that the answering Respondent
has recently published a Frequently Asked Questions
(FAQs) communicating the intent of the IT Rules, 2021
in simple and easy to understand language for all its
stakeholders. A copy of the Frequently Asked
Questions is annexed herewith and marked as
Annexure RA-2.
9.
It is submitted that as stated hereinabove, the
legislative intent the IT Rules, 2021 is to ensure open,
safe, trusted and accountable Internet. It is further
submitted that the IT Rules, 2021 prescribe the due
diligence to be followed by all intermediaries as well
as the additional due diligence to be followed by
significant social media intermediaries (SSMI), i.e., the
intermediaries having registered user base of 50 lacs
or more in India.
10. It is submitted that the IT Rules, 2021 have been
framed to provide for increased user safety, i.e., the
intermediaries t to respond to the direct requests by the
affected individuals for content takedown in specific
cases of content relating to breach of bodily privacy,
impersonation, morphed imagery of the concerned
individual in order to address the immediate need to
prevent harm and emotional distress, particularly in
instances of revenge porn and other similar instances.
11. It is submitted that, as stated above, the IT
Rules, 2021 have a clear objective of enhancing online
safety of users, particularly women and children. It is
further submitted that various provisions of the IT
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 9 of 88
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