Most of the companies that are providing online services, including search engines, e-commerce websites,social media websites, etc are Internet intermediaries as per the Information Technology Act, 2000 (IT Act 2000) and its corresponding rules. Recently, Internet Intermediary Rules, 2021 (Pdf) were formulated by Indian government and this significantly increased the cyber law due diligence obligations of Internet intermediaries operating in India or having an Indian connection through Indian user base.
Most of the Internet intermediaries have complied with the requirement of 2021 rules on papers and their actual implementation is yet to be seen. The 2021 rules have put onerous statutory obligations upon Internet intermediaries and significant Internet intermediaries and so far no Internet intermediary or significant Internet intermediary seems to have complied with those statutory requirements.
Handling of complaints or/and grievances of the users or consumers of these Internet intermediaries is the biggest challenge that very few Internet intermediaries would be able to manage in the long run. Even the significant Internet intermediaries are finding it really tough to manage these statutory compliance despite having sufficient resources and manpower. This is so because these Internet intermediaries or significant Internet intermediaries have to establish a sound online dispute resolution (ODR) mechanism with full transparency and accountability and that is a gigantic task to manage.
We at Perry4Law Organisation (P4LO) can help all Internet intermediaries or significant Internet intermediaries in India in this regard and regarding managing their global techno legal compliance requirements. We have two decades of experience in the field of ODR and dispute resolution using both simple and sophisticated tools, online mediums and portals, software, etc. We have already helped thousands of people in resolving their disputes using our ODR portals from time to time. By combining our two decades of techno legal experience with the ODR experience of P4LO, we have launched a new ODR Portal that is the exclusive techno legal ODR Portal of the world. Among other traditional fields like civil disputes, cheque bouncing cases, family matters, property disputes, etc we are also handling contemporary fields. These include artificial intelligence, machine learning, space law, cyber law, cyber security, intellectual property rights, international trade, e-commerce, cypto currencies, etc. The list is just indicative and stakeholders can resolve their global disputes of almost every type using our ODR Portal.
There are many ways to use the ODR Portal by global stakeholders and Internet intermediaries. The first one is to incorporate an ODR Clause of ODR Portal in various contracts, agreements, terms and conditions, etc that clearly mentions that all disputes would be resolved using the ODR Portal only. Once this is done, both the end users/stakeholders and the Internet intermediaries would be bound to resolve their disputes and complaints using the ODR Portal. The decision of the ODR Portal would be binding upon both parties and the entire process would be normally completed with a time span of three months only. This is the best option as the entire process is automated, cost effective and users friendly. All that is required is to open a new ODR Request at the ODR Portal from any party and the ODR mechanism would start from the date of creation of that request and would end within 3 months of that request. Time, energy, money and resources would be significantly saved in this process and the overburdened Indian courts would be relieved from further intake of new cases that could be easily managed by the ODR Portal of P4LO.
The second method is to use the ODR Portal of P4LO on case to case basis where both the parties to the dispute can opt for resolution of their dispute through the ODR Portal. Consent of both parties to this effect would be given on the spot and the ODR process would proceed as in the case of a case using ODR Clause. Consent and communications can be managed using multiple online mechanisms and tools, including but not limited to, e-mails, chats, video conferencing, etc. We have kept the process very user friendly with complete guidance and frequently asked questions (FAQs). Our support system is available to help stakeholders in case of any doubt or assistance.
The third method is applicable where a party to the dispute desires to use the ODR Portal in the absence of consent of an Internet intermediary or/and significant Internet intermediary. The party having the dispute can simply create a new ODR Complaint at the ODR Portal even if the Internet intermediary or/and significant Internet intermediary has not given its consent to use the ODR Portal. This is because the IT Rules 2021 mandate that such Internet intermediary or/and significant Internet intermediary has to managed and resolve the disputes and complaints of end users as per the rules to retain their exemption status. If such Internet intermediary or/and significant Internet intermediary fails to manage and handle such grievance/complaint within the stipulated time, it shall no more have the safe harbour protection and would be treated as normal entity. This lack of due diligence is a very costly affair on all counts and no Internet intermediary or/and significant Internet intermediary would prefer to loose the exemption status.
An example of third method is filing of a complaint or grievance against social media platforms like Twitter, Facebook, WhatsApp, etc. Once a complaint or grievance is filed against any such social media website at the ODR Portal of P4LO, we would intimate that social media website and the dispute resolution process would start as per the IT Rules 2021 and the rules of ODR Portal. No social media website or company can deny taking up of such complaints or grievances and we would try to resolve the same within as periods of 3 months from date of initiation of the ODR process.
The fourth method is applicable when a party to the dispute initiates the ODR process at the ODR Portal of P4LO. We would intimate the other party about such dispute, grievance or complaint and wait for his/her/its reply. The other party may accept that ODR Portal would resolve the dispute and give the consent and the ODR process would proceed as usual. Even if the other party does not give his/her/its consent, there are good chances that the dispute would be resolved using the conciliation process of ODR Portal. In such cases, the decision of ODR Portal would not be binding upon the parties and it would be more on the side of reconciliation proceedings.
We have launched the ODR Portal of P4LO to strengthen and facilitate the Sustainable Development Goals (SDGs) of United Nations, especially Access to Justice (A2J), protection of Rule of Law, consumer protection, ensuring Justice for All, etc. For those who cannot afford our services, we would provide our services at concessional rates or free of cost. We would charge a reasonable fees from Internet intermediary or significant Internet intermediary or from those stakeholders who can afford our fees. A very nominal administrative fees would be charged from all stakeholders to maintain the cost of ODR Portal and it has to be payable by all stakeholders at the time of initiation of ODR Process.
We look forward to resolve disputes of global stakeholders using our ODR Portal.