Rule 3, Intermediary Rules 2021 [S10-MVB]
As at 6 September 2026. In force. No commencement recorded.
3. Due diligence by an intermediary.—(1) An intermediary [...] shall observe the following due diligence while discharging its duties, namely:—
[...]
(b) the rules and regulations, privacy policy or user agreement of the intermediary shall inform the user of its computer resource not to host, display, upload, modify, publish, transmit, store, update or share any information that,—
(i) belongs to another person and to which the user does not have any right;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) is harmful to child;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;
(viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
[...]
Defined terms in this text (7)
addressee: Section 2(1)(b), IT Act 2000: "addressee" means a person who is intended by the originator to receive the electronic record but does not include any intermediary;
child: Section 2(f), DPDP Act: "child" means an individual who has not completed the age of eighteen years;
child: Section 2, Madras, Bengal and Bombay Children (Supplementary) Act, 1925 [S17C74] (In this Act, unless the context otherwise requires,—): "child" means a person who has not completed eighteen years of age
child: Section 2, Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960 [S1FWXN] (In this Act, unless the context otherwise requires,—): "child" means a person who has not completed eighteen years of age
child: 16 more definitions.
computer: Section 2, IT Act 2000 [S103YQ] ((1) In this Act, unless the context otherwise requires,— [...]): "computer" means any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic and memory functions, and includes all input, output, processing, storage, software or communication facilities connected or related to it [...]
computer resource: Section 2(1)(k), IT Act 2000: "computer resource" means computer, computer system, computer network, data, computer data base or software;
intermediary: Section 2, Scheduled Securities (Hyderabad) Act, 1949 [S19S0B] (In this Act, unless the context otherwise requires,—): "intermediary" means a person registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992)
intermediary: Section 2, Securities Contracts (Regulation) Act, 1956 [S1DFY5] (In this Act, unless the context otherwise requires,—): "intermediary" means a person registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992)
intermediary: Section 2, National Capital Region Planning Board Act, 1985 [S1T4D6] (In this Act, unless the context otherwise requires,—): "intermediary" means a person registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992)
intermediary: 23 more definitions.
offence: Section 3, General Clauses Act, 1897 [S100SN] (In this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context): "offence" shall mean any act or omission made punishable by any law for the time being in force
offence: 27 more definitions.
person: Section 3, General Clauses Act, 1897 [S100SN] (In this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context): "person" shall include any company or association or body of individuals, whether incorporated or not
person: 1 more definition.
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