Who is an intermediary
Section 2(1)(w) of the Information Technology Act, 2000 defines an intermediary as any person who, on behalf of another person, receives, stores or transmits an electronic record, or provides any service with respect to it. That covers marketplaces, hosting providers, social media platforms, search engines and any site that carries user-generated content. Section 79 gives an intermediary a safe harbour from liability for third-party content, conditional on observing due diligence — which the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 set out.
Publication duties
- Rule 3(1)(a): prominently publish the rules and regulations, privacy policy and user agreement on the website or app.
- Rule 3(1)(b): inform users, at least once a year, of the categories of content they must not host, display, upload, transmit or share, and of the consequences of non-compliance.
- Rule 3(2)(a): prominently publish the name of the Grievance Officer, contact details, and the mechanism by which a user may complain.
Timelines
| Obligation | Time limit | Provision |
|---|---|---|
| Acknowledge a complaint | 24 hours | Rule 3(2)(a)(i) |
| Dispose of a complaint | 15 days from receipt | Rule 3(2)(a)(i) |
| Remove content exposing a private area, showing nudity or a sexual act, or in the nature of impersonation including morphed images, on complaint | 24 hours | Rule 3(2)(b) |
| Provide information or assistance to a lawfully authorised government agency on written order | 72 hours | Rule 3(1)(j) |
| Remove or disable access to unlawful information on a court order or notification by the appropriate government | 36 hours | Rule 3(1)(d) |
| Retain removed information and records for investigation | 180 days | Rule 3(1)(g) and 3(1)(h) |
Appeals
Rule 3A provides for Grievance Appellate Committees. A user dissatisfied with a Grievance Officer's decision may appeal to a Committee within thirty days, and the Committee is to deal with the appeal within thirty days of receipt. Its orders are binding on the intermediary.
Significant social media intermediaries
Rule 4 adds obligations for intermediaries above the user threshold notified by the Central Government: a Chief Compliance Officer, a nodal contact person available round the clock, a Resident Grievance Officer — all resident in India — monthly compliance reports, and for messaging services, the ability to identify the first originator of information when required by a competent order.
Practical checklist
- Grievance Officer's name, designation, email and physical address on a page reachable from the footer.
- The acknowledgement and resolution timelines stated on that page, not only in the terms.
- A logged complaint register, so the 24-hour and 15-day clocks are evidenced.
- An annual notice to users restating the prohibited-content categories.
- A named person who can act on a government or court order inside 36 or 72 hours, including outside office hours.