Section 4(1) in Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
(1)In addition to the due diligence observed under rule 3, a significant social media intermediary, within three months from the date of notification of the threshold under clause (v) of sub-rule (1) of rule 2, and an online gaming intermediary that enables the users to access any permissible online real money game, shall, observethe following additional due diligence while discharging its duties, namely:—(a)appoint a Chief Compliance Officer who shall be responsible for ensuring compliance with the Act and rules made thereunder and shall be liable in any proceedings relating to anyrelevant third-party information, data or communication link made available or hosted by that intermediary or such online gaming intermediary where he fails to ensure that such intermediary observes due diligence while discharging its duties under the Act and rules made thereunder:Provided that no liability under the Act or rules made thereunder may be imposedon such significant social media intermediary without being given an opportunity of beingheard.Explanation.—For the purposes of this clause ―Chief Compliance Officer‖ means a key managerial personnel or such other senior employee of a significant social media intermediary or an online gaming intermediary, as the case may be who is resident in India;(b)appoint a nodal contact person for 24x7 coordination with law enforcement agencies andofficers to ensure compliance to their orders or requisitions made in accordance with theprovisions of law or rules made thereunder.Explanation.—In this clause, “nodal contact person” means the employee of—(i)a significant social media intermediary, other than its Chief Compliance Officer; or(ii)an online gaming intermediary, who is resident in India;(c)appoint a Resident Grievance Officer, who shall, subject to clause (b), be responsible forthe functions referred to in sub-rule (2) of rule 3.Explanation.—For the purposes of this clause, ―Resident Grievance Officer‖ means theemployee of a significant social media intermediary or an online gaming intermediary, as the case may be, who is resident in India;(d)publish periodic compliance report every month mentioning the details of complaints received and action taken thereon, and, in respect of asignificant social media intermediary, and the number of specific communication links or partsof information that the intermediary has removed or disabled access to in pursuance of any proactive monitoring conducted by using automated tools or any other relevant informationas may be specified;
