Section 4(2) in Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
(2)A significant social media intermediary providing services primarily in the nature ofmessaging shall enable the identification of the first originator of the information on its computer resourceas may be required by a judicial order passed by a court of competent jurisdiction or an order passed undersection 69 by the Competent Authority as per the Information Technology (Procedure and Safeguards forinterception, monitoring and decryption of information) Rules, 2009, which shall be supported with a copyof such information in electronic form:Provided that an order shall only be passed for the purposes of prevention, detection, investigation,prosecution or punishment of an offence related to the sovereignty and integrity of India, the security of theState, friendly relations with foreign States, or public order, or of incitement to an offence relating to theabove or in relation with rape, sexually explicit material or child sexual abuse material, punishable with imprisonment for a term of not less than five years:Provided further that no order shall be passed in cases where other less intrusive means areeffective in identifying the originator of the information:Provided also that in complying with an order for identification of the first originator, no significant social media intermediary shall be required to disclose the contents of any electronic message,any other information related to the first originator, or any information related to its other users:Provided also that where the first originator of any information on the computer resource of an intermediary is located outside the territory of India, the first originator of that information within theterritory of India shall be deemed to be the first originator of the information for the purpose of this clause.
