[Attachment(s) from Amitabh Thakur included below]
In Writ Petition No 3489/2012 filed by me and my wife Nutan Thakur, Hon'ble Allahabad High Court, Lucknow Bench said that this is the age of Internet. Hence all the
Rules related with Internet shall be strongly enforced. We had argued the case themselves while Sri Ashok Nigam, Additional Solicitor General opposed the Writ petition
saying that they had not made Yahoo, Google etc a party in this petition.The bench of Justice Devi Prasad Singh and Justice Saeed Uz-zaman Siddiqui did not agree with the arguments of the State counsel and said that if the
Government of India has framed any Rules, it shall get it properly enforced. It said that the petitioners had sent many representations to the Secretary,
Ministry of Information Technology but no action was taken in this regards. Hence, the Court directed that since the matter is of wider public interest
hence the Government of India shall ensure within three months that as per Rule 11, all the intermediary publish the name of the Grievance Officer and
his contact details on their website. They also ordered the Secretary, Information Technology to intimate us (the petitioners) about the action taken
as regards their representation.
In the Writ Petition we had prayed to direct the Secretary, Ministry of Information Technology to enforce the provisions of the Information Technology
(Intermediaries guidelines) Rules, 2011 framed by the Government. Section 79 of the Information Technology Act 2000 says that Intermediaries, like Google,
Yahoo, Facebook, My Space etc are not liable for third party information if they observe due diligence while discharging their duties. IT (Intermediaries guidelines)
Rules 2011 requires that the intermediary shall publish the rules, terms and conditions not to host or display grossly harmful, harassing, blasphemous defamatory,
pornographic, paedophilic information. It also requires that if any an affected person makes a complaint, the Intermediary shall act within thirty six hours to
disable such information. Rule 11 says that the intermediary shall publish on its website the name of the Grievance Officer and his contact details.
These things are not being followed by the Intermediaries like Google, Yahoo, Facebook, My Space etc. We had filed this Writ to ask the Ministry of Information
Technology to comply with these Rules. Amitabh Thakur
IPS,
Lucknow
# 94155-34526
IPS,
Lucknow
# 94155-34526
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Attachment(s) from Amitabh Thakur
1 of 1 File(s)
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