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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