Information Technology (Intermediaries Guidelines) Rules, 2011 (to be read with Section 79 of the IT Act)

Document type
(1) Setting up due diligence provisions to be observed by intermediaries while discharging their duties, including the publications of rules and regulations, privacy policy and user agreement for access-or usage of the intermediary's computer resources. 
(2) Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 lays down the due diligence standard that needs to be observed by the intermediary. The rules require the intermediaries publish rules and regulations, privacy policies and user agreement. These published terms and conditions or user agreement shall forbid the user from publishing any information that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, harm minors in any way, impersonate another person, belongs to another person and to which the user does not have any right to or violates any law among other things. 
(3Rule 3(4) creates a notice and takedown regime, where the intermediary was mandated to remove any such information mentioned above within 36 hours, either when it gets to know on its own or receives actual knowledge that such information is being stored, hosted or published on its computer system. However, the requirement of taking down content within 36 hours has since been clarified by the Ministry of Communication and Information Technology to mean that the intermediary should respond or acknowledge the complaint within thirty six hours of receiving it and should initiate appropriate action. 
Topic, claim, or defense
General or Non-Specified
Document type
Issuing entity
Executive Branch
Type of service provider
General or Non-Specified
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)