Neutral Citation Number: 2023:DHC:2806 intermediary to avoid any misuse by users; (ii) receive and acknowledge any order, notice or direction issued by the Appropriate Government, any competent authority or a court of competent jurisdiction. (b) The intermediary shall, within twenty-four hours from the receipt of a complaint made by an individual or any person on his behalf under this sub-rule, in relation to any content which is prima facie in the nature of any material which exposes the private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content which is hosted, stored, published or transmitted by it: (c) The intermediary shall implement a mechanism for the receipt of complaints under clause (b) of this sub-rule which may enable the individual or person to provide details, as may be necessary, in relation to such content or communication link.‖ 28. Rule 7 of the IT Rules categorically states that if any intermediary fails to observe the rules, the safe harbour protection provided to the intermediary under Section 79 of the IT Act will stand vitiated and the intermediary shall stand liable for prosecution under any law for the time being in force, including the IT Act and the Indian Penal Code, 1860. Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 33 of 88

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