Draft Information Technology [Intermediaries Guidelines (Amendment) Rules]
The Draft Information Technology [Intermediaries Guidelines (Amendment) Rules], 2018 (hereinafter referred as the ‘Draft Rules’) issued on December 24, 2018 and by the Ministry of Electronics and Information Technology. The Draft Rules seek to amend existing ‘due diligence’ guidelines [The Information Technology (Intermediaries Guidelines) Rules, 2011] which are to be followed by ‘intermediaries’ [as per the Information Technology Act, 2000 (“IT Act”)].
• Removal of content: Any intermediary must, on receipt of a court order or on being notified by the government, remove access to unlawful content. These are acts related to the sovereignty of India, security, and public order, among others. Such removal must be done by the intermediary within 24 hours. Further, intermediaries must also deploy automated tools to identify and remove public access to unlawful content.
• Assistance: Intermediaries must provide assistance to government agencies (based on a lawful order), within 72 hours. Further, they must enable tracing of the originator of the information on its platform.
• Registered physical presence: Certain intermediaries must be incorporated in India, under the Companies Act, 2013. These are those with more than fifty lakh users or as notified by the government. They must also have a permanent office in India, and designate persons for coordination with government agencies
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