Information Technology (Intermediary Guidelines) Rules, 2011

Information Type: Legislative Information
Subject: Information Technology Law
Industry: Ministry of Communications and Information Technology Department of Electronics & Information Technology
Rule Title: Information Technology (Intermediary Guidelines) Rules, 2011
Rule No: 21 of 2000
Rule Date: 2011-04-11
Rule State: Central Rule
Case Note / Description :

These Rules provide a due diligence framework to be observed by intermediary  while discharging his duties. Sub-rule (4) of Rule 3 provides that the intermediary upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in sub-rule (2), shall act within thirty six hours and where applicable, work with user or owner of such information to disable such information that is in contravention of sub-rule (2). The Indian intermediaries have implemented these Rules. However some Industry Associations have requested for a clarification on the words “…..shall act within thirty-six hours…” as mentioned in sub-rule (4) of Rule 3. It is clarified that the intended meaning of the said words is that the intermediary shall respond or acknowledge to the complainant within thirty six hours of receiving the complaint/grievances about any such information as mentioned in sub-rule (2) of Rule 3 and initiate appropriate action as per law. Further, the Grievance Officer of the intermediary shall redress such complaints promptly but in any case within one month from the date of receipt of complaint in accordance with sub-rule (11) of Rule 3. The intermediary should have a publicly accessible and published grievance redressal process by which complaints can be lodged. 

Information Technology Act, 2000

Information Technology (Amendment) Act, 2008

Information Technology(Certifying Authorities) Amendment Rules, 2009(59 KB) PDF file that opens in a new window


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