Section 4(4) in Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
(4)A significant social media intermediary shall endeavour to deploy technology-basedmeasures, including automated tools or other mechanisms to proactively identify information that depictsany act or simulation in any form depicting rape, child sexual abuse or conduct, whether explicit orimplicit, or any information which is exactly identical in content to information that has previously beenremoved or access to which has been disabled on the computer resource of such intermediary under clause(d)of sub-rule (1) of rule 3, and shall display a notice to any user attempting to access such informationstating that such information has been identified by the intermediary under the categories referred to in thissub-rule:Provided that the measures taken by the intermediary under this sub-rule shall be proportionatehaving regard to the interests of free speech and expression, privacy of users on the computer resource ofsuch intermediary, including interests protected through the appropriate use of technical measures:Provided further that such intermediary shall implement mechanisms for appropriate humanoversight of measures deployed under this sub-rule, including a periodic review of any automated toolsdeployed by such intermediary:Provided also that the review of automated tools under this sub-rule shall evaluate the automatedtools having regard to the accuracy and fairness of such tools, the propensity of bias and discrimination insuch tools and the impact on privacy and security of such tools.
