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[Cites 0, Cited by 0] [Section 3] [Entire Act]

Union of India - Subsection

Section 3(2) in Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

(2)Grievance redressal mechanism of intermediary:
(a)The intermediary shall prominently publish on its website,mobile based application or both,as the case may be, the name of theGrievance Officer and his contact details as well as mechanism by which a user or a victim may make complaint against violation of the provisions of this rule or sub-rules (11) to (13) of rule 4, or in respect of any other matterspertaining to the computer resources made available by it, and the Grievance Officer shall -
(i)acknowledge the complaint within twenty-four hours and resolve such complaint within a period of fifteen days from the date of its receipt:
Provided that the complaint in the nature of request for removal of information or communication link relating to clause (b) of sub-rule (1) of rule 3, except sub-clauses (i), (iv) and (xi), shall be acted upon as expeditiously as possible and shall be resolved within seventy-two hours of such reporting;Provided further that appropriate safeguards may be developed by the 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 suchindividual in any sexual act or conduct, or is in the nature of impersonation in an electronicform, including artificially morphed images of such individual, take all reasonable andpracticable 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 underclause(b)of this sub-rule which may enable the individual or person to provide details, as may benecessary, in relation to such content or communication link.
Explanation.—In this rule, “prominently publish” shall mean publishing in a clearly visible manner on the home page of the website or the home screen of the mobile based application, or both, as the case may be, or on a web page or an app screen directly accessible from the home page or home screen.