Reuses other publishers' content, in India

Copyright Act, 1957 (No. 14 of 1957), s. 52(1)(a)(iii), (m), s. 39(b) · Read the law's page

• You may report current events and current affairs, including a lecture delivered in public, as fair dealing without infringing copyright (section 52(1)(a)(iii)).
• You may reproduce in a newspaper, magazine or other periodical an article on current economic, political, social or religious topics, but not where the article's author has expressly reserved the right of such reproduction (section 52(1)(m)).
• You may use excerpts of a broadcast or of a recorded performance, as fair dealing, for reporting current events (section 39(b)).

Information Technology Act, 2000 (No. 21 of 2000), s. 79 · Read the law's page

• Limit your role to that of an intermediary to keep the section 79(1) exemption from liability for third party information, data or communication links you make available or host: either limit your function to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted, or do not initiate the transmission, do not select its receiver, and do not select or modify the information in it.
• Observe due diligence while discharging your duties under the Act, including the due diligence listed in rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, because an intermediary that fails to observe those Rules loses the section 79(1) exemption under rule 7.
• Publish the name and contact details of a Grievance Officer on your website or mobile application, together with the mechanism by which a user or victim may make a complaint, as rule 3(2)(a) of the Rules requires.
• Remove or disable access to information used to commit an unlawful act of the kinds listed in rule 3(1)(d) within three hours of a court order or of a reasoned written intimation from an authorised officer of the appropriate Government or its agency, or risk losing the exemption.
• Remove or disable access to the material expeditiously, without vitiating the evidence, once you have actual knowledge, or are notified by the appropriate Government or its agency, that information, data or a communication link on a computer resource you control is being used to commit the unlawful act, or lose the exemption.
• Do not conspire, abet, aid or induce, whether by threats or promise or otherwise, the commission of the unlawful act, or lose the exemption.

Information Technology Act, 2000 (No. 21 of 2000), s.43A; Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (G.S.R. 313(E), 11 April 2011), rr. 3, 4, 5, 6, 8 · Read the law's page

• This binds a body corporate that possesses, deals in, or handles the sensitive personal data or information of a person, meaning a password, a financial account or payment-instrument detail, a physical, physiological, or mental health condition, sexual orientation, a medical record or history, or biometric information, in a computer resource it owns, controls, or operates; information that is freely available in the public domain or obtainable under the Right to Information Act, 2005 is not sensitive personal data or information under these Rules.
• Implement and maintain a comprehensive, documented information security programme with managerial, technical, operational, and physical control measures commensurate with the information assets you protect and the nature of your business; certifying to the international Standard IS/ISO/IEC 27001, or to a Central-Government-approved industry code of best practice, satisfies this duty as a matter of law, provided the certification is audited by an independent, government-approved auditor at least once a year or after a significant upgrade to your process or computer resource.
• Obtain the data provider's written consent, by letter, fax, or email, before collecting their sensitive personal data or information, let them decline or withdraw that consent, publish a privacy policy on your website, and designate a Grievance Officer who must resolve a complaint within one month.
• Negligently failing to implement or maintain these practices, where it causes wrongful loss or wrongful gain to any person, exposes you to an uncapped compensation claim under section 43A of the Information Technology Act; no criminal penalty attaches to section 43A itself.
• This duty is in effect now and is repealed once section 44(2) of the Digital Personal Data Protection Act, 2023 commences, currently scheduled for 13 May 2027; the DPDPA's own security-safeguards duty (section 8(5)) does not commence until the same date, so these Rules remain the operative standard until then.

Directions under section 70B(6) of the Information Technology Act, 2000, No. 20(3)/2022-CERT-In (Indian Computer Emergency Response Team, Ministry of Electronics and Information Technology, 28 April 2022) · Read the law's page

• Connect all your ICT systems' clocks to the Network Time Protocol server of the National Informatics Centre or the National Physical Laboratory, or to an NTP server traceable to one of them, and ensure any other time source you use does not deviate from NPL or NIC.
• Report a listed cyber security incident, including a targeted attack, a data breach, a data leak, unauthorised access to your IT systems, an attack through a malicious or fake mobile app, or an attack on, or malicious or suspicious activity affecting, an AI or machine learning system, to CERT-In within six hours of noticing it or being notified of it, by email, phone, or fax; current reporting formats and channels are published on CERT-In's own website.
• Enable logs of all your ICT systems and retain them securely, within Indian jurisdiction, on a rolling 180-day basis, and provide them to CERT-In together with an incident report or when CERT-In orders or directs you to.
• Designate a Point of Contact to interface with CERT-In, using the format CERT-In publishes, and keep that designation current.
• If your own service is itself a data centre, a virtual private server provider, a cloud service provider, a virtual private network service, or a virtual asset (crypto) service provider, a narrower and heavier duty also applies: register and retain specified customer KYC information and financial-transaction records for five years. That narrower bound-party class is not one this profile's declared activities can identify on their own, so confirm applicability directly against the text if this describes your service.
• This binds a service provider, intermediary, data centre, body corporate, or Government organisation, the Information Technology Act's own general terms for essentially any commercial or professional actor operating a computer resource in India, not a licensed or sector-specific status; a company distributing software or operating a mobile app in India falls within this reach without needing a specific regulatory registration.
• Failing to furnish information CERT-In calls for, or to comply with a direction it issues, including these Directions, is punishable under section 70B(7) of the Information Technology Act with imprisonment for up to one year, a fine of up to one lakh rupees, or both.