Legal Drive

Online Content Takedown Notice

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To, The Grievance Officer / Nodal Officer [platform_name] Date: [notice_date] Subject: Notice for removal of infringing content Sir/Madam, 1. COMPLAINANT'S DETAILS Name : [complainant_name] Address : [complainant_address] Email : [complainant_email] 2. THE ORIGINAL WORK AND MY RIGHTS [original_work] I am the owner of the rights in the above work, and I have not licensed or authorised the use complained of. 3. THE INFRINGING CONTENT The following content hosted on your platform infringes my rights: [infringing_urls] 4. BASIS OF THE COMPLAINT [basis_of_complaint] 5. DEMAND I hereby call upon you to: (a) EXPEDITIOUSLY REMOVE or DISABLE ACCESS to the content identified above; (b) Confirm to me in writing the action taken and the date on which it was taken; (c) Preserve all records relating to the uploading of the said content, including subscriber information, IP logs and timestamps, for such period as may be required for legal proceedings; and (d) Take steps to prevent the same content being re-uploaded. 6. STATUTORY BASIS 6.1 Under Section 79 of the Information Technology Act, 2000, an intermediary is exempt from liability for third-party content only where it observes due diligence and, upon receiving actual knowledge, expeditiously removes or disables access to the offending material. 6.2 This notice constitutes such actual knowledge. Failure to act expeditiously may result in the loss of that exemption. 6.3 The rules made under the Information Technology Act, 2000 require intermediaries to publish the name and contact details of a Grievance Officer, to acknowledge a complaint within the prescribed period, and to dispose of it within the period prescribed. 7. DECLARATIONS 7.1 I state in good faith that the use of the material complained of is not authorised by me, by my agent, or by law. 7.2 The information in this notice is accurate, and I am the owner of the rights concerned or am authorised to act on the owner's behalf. 7.3 I am aware that a false or malicious complaint may expose me to liability. 8. This notice is issued without prejudice to all other rights and remedies available to me, including proceedings for injunction and damages, all of which are expressly reserved. Yours faithfully, [complainant_name] [complainant_email] ENCLOSURES 1. Proof of ownership of the original work — registration certificate, publication record, or dated evidence of creation 2. Screenshots of the infringing content, with the URL and date visible 3. Identity proof of the complainant PRACTICAL NOTES - Send to the platform's published Grievance Officer. Every significant intermediary operating in India is required to publish those details; sending to a general support address slows things down considerably. - Include EXACT URLs. A notice describing content generally, without identifying its location precisely, is routinely rejected as insufficient. - Take dated screenshots before sending. Content frequently disappears and reappears, and contemporaneous evidence matters if you later need to litigate. - Where the platform does not act, the escalation routes include the Grievance Appellate Committee mechanism and civil proceedings for injunction.

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