The request alongwith the printed sample content of the alleged offending information or part thereof shall be examined by a committee consisting of the Designated Officer as its chairperson and representatives, not below the rank of Joint Secretary in Ministries of Law and Justice, Home Affairs, Information and Broadcasting and the Indian Computer Emergency Response Team appointed under sub-section (1) of section 70B of the Act.
IT Rules 2009: Blocking of Websites
Rule 6: Forwarding of request by organization
(1) Any person may send their complaint to the Nodal Officer of the concerned organization for blocking by the public any information generated transmitted, received, stored or hosted in any computer resource. Provided that any request, other than the one from the Nodal Officer of the organization, shall be sent with the approval of the Chief Secretary of the concerned State or Union territory to the Designated Officer: Provided further that in case a Union territory has no Chief Secretary, then, such request may be approved by the Adviser to the Administrative of that Union Territory.
(2) The organisation shall examine the complaint received under sub-rule (1) to satisfy themselves about the need for taking of action in relation to the reasons enumerated in sub-section (1) of section 69A of the Act and after being satisfied, it shall send the request through its nodal officer to the Designated Officer in the format specified in the form appended to these rules.
(3) The Designated Officer shall not entertain any complaint or request for blocking of information directly from any person.
(4) The request shall be in writing on the letter head of the respective organisation, complete in all respects and may be sent either by mail or by fax or by e-mail signed with electronic signature of the Nodal Officer. Provided that in case the request sent either by fax or by e-mail which is not signed with electronic signature of the Nodal Officer shall provide a signed copy of the request so as to reach the Designated Officer within a period of three days of receipt of the request by such fax or e-mail.
(5) On receipt each request shall be assigned a number alongwith the date and time of its receipt by the Designated Officer and he shall acknowledge the receipt thereof to the Nodal Officer within a period of twenty four days of its receipt.
Rule 5: Direction by Designated Officer
The Designated Officer may, on receipt of any request from the Nodal Officer of an organization or a competent court, by order direct any Agency of the Government or intermediary to block for access by the public any information or part thereof generated, transmitted, received, stored or hosted in any computer resource for any of the reason specified in sub-section (1) of section 69A of the Act.
Rule 4: Nodal officer of organization
Every organization for the purpose of these rules, shall designate one of its officer as the Nodal Officer and shall initiate the same to the Central Government in the Department of Information Technology under the Ministry of Communication and Information Technology, Government of India and also publish the name of the said Nodal Officer on their website.
Rule 3: Designated Officer
The Central Government shall designate by notification in official gazette, an officer of the Central Government not below the rank of joint secretary, as the “designated Officer”, for the purpose of issuing direction for blocking for access by the public any information generated transmitted, received, stored or hosted in any computer resource under subsection (2) of section 69A of the Act.