K.N. Govindacharya v. Union of India

K.N. Govindacharya v. Union of India
In the Superior Court docket of Delhi
WP(C) 3672/2012 and CM 7709, 12197/2012, 6888/2012
Just before Supplemental Main Justice B.D. Ahmed and Justice Vibhu Bakhru
Decided on August 23, 2013

Relevancy of the situation: Directions for intermediaries to publish the facts of their Grievance Officers as required by Rule 3(11) of the Information and facts Technological know-how (Intermediaries Pointers) Rules, 2011

Statutes and Provisions Included

• The Data Technological know-how Act, 2000 (Segment 2)
• The Information and facts Know-how (Intermediaries Guidelines) Principles, 2011 (Rule 3)

Applicable Details of the Situation

• The difficulty in advance of the court is no matter whether small children can open up accounts with social networking web pages this sort of as Facebook and Orkut.

Notable Arguments by the Advocates

• The petitioner’s counsel argued that social networking web sites need to publish guidelines and laws, privacy insurance policies and person agreements in accordance to Rule 3(2) of the 2011 Suggestions. He also pointed out that an intermediary shall act inside of 36 hrs of obtaining a grievance in composing or by mail to disable any details contravening Rule 3(2). More, the petitioner mentioned the prerequisite beneath Rule 3(11) to publish the name and call information of the Grievance officer, alongside with the mechanism by way of which people can post their complaints. A Grievance Officer must redress the grievances gained inside of just one thirty day period. The 2011 Tips also provide the content to be involved in individuals agreements.
• The respondent counsel, showing on Google’s behalf, submitted that they have addressed the criticism.
• The respondent counsel, showing on the Union of India’s behalf, stated that they shall just take the necessary measures to make sure compliance with Rule 3(11).

Opinion of the Bench

• If any dispute is lifted questioning the age of the kids, the intermediaries shall deal with and take care of the issue. They can verify and consider appropriate measures to delete the account.

Get

• With the instructions for intermediaries to notify their grievance officers, the court shown the situation for listening to once more on September 09, 2013.

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Yagyanseni Acharya, an undergraduate university student at VIT University of Law, Chennai, ready this circumstance summary through her internship with The Cyber Blog India in January/February 2024.