DNRs directed to appoint grievance officers in one week under IT Rules 2021: Delhi High Court

DNRs directed to appoint grievance officers in one week under IT Rules 2021: Delhi High Court

The Delhi High Court has directed various domain name registrars (DNRs) to appoint grievance officers in compliance of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 within a period of one week. This decision comes in connection with a bunch of pleas concerning proliferation of fraudulent domain names resulting in monetary loss to the public.

Justice Pratibha M Singh added that if the said compliance is not made, the Ministry of Electronics and Information Technology will be free to proceed in accordance with law against such DNRs who have been offering their domain name registration, hosting and related services in India, without complying with the local laws.

"A status report be put up by MeitY by the next date, on this aspect including the steps taken by MeitY pursuant to the directions contained above," the Court added.

The Court was dealing with a bunch of pleas filed by trademark and brand owners, seeking reliefs against misuse of their marks and names by unauthorized persons, who register such marks as part of their domain names.

It had expressed concern over the lack of effective mechanism for identifying parties who fraudulently use websites and domain names consisting of well known brands and trademarks, thereby obtaining money illegally.

The pleas thus raised the issue that the proliferation of such domain names had resulted in enormous damage to innocent and gullible members of the public, who have been led to believe that the websites hosted on some 'impostor' domain names, belong to the actual brand owners.

"Insofar as those DNRs which have appointed Grievance Officers are concerned, including Newfold Group and Google, it is made clear that they ought to function in accordance with law including the IT Rules, 2021. In such cases, Plaintiffs are permitted to make advance service in cases relating to domain names registered with the said DNRs to the Grievance Officers through the contact details of the grievance officers. It would then be expected in such cases, that the said DNRs would enter appearance or facilitate the compliance and give effect to the orders or directions passed by Courts," the Court said.

The matter set to be heard on December 1.