CODE OF CONDUCT FOR INTERNET SERVICE PROVIDERS
since 1998, the Internet Users in our
country have grown at phenomenal rate of more
than 200 % per year, and this trend is likely to
continue for many years to come. It is estimated
that by Mar ‘03 there would be approximately 30
millions Internet Users in our Country and would
reach a figure of 100 millions by 2008. The
Internet has thus become an important
infrastructure supporting an increasingly wide
spread multi-disciplinary community of
researchers, scholars, businessmen,
professionals, students and even households. As
is true of other common infrastructure (e.g.
roads, water works, power generation
/distribution etc), there is widespread
dependence on the Internet by its users for the
support of day-to-day activities. The reliable
operation of the Internet and the responsible
use of its resources are of common interest and
concern of its Users, Operators, Sponsors, and
Society at large. It is therefore important that
the ‘Internet Service Providers’ understand
their responsibility in this regard and follow
healthy practices of self regulation. The ‘Code
of Conduct’ set out in this document is the
voluntary response of the Internet Service
Provider Association of India (ISPAI) to the
rightful requirements of our Society.
2.1 This Code of Conduct is open to
voluntary acceptance by all Members of Internet
Service Providers Association of India (ISPAI).
2.2 Members of ISPAI agree that they will
abide by this Code of Conduct in letter and
2.3 Members of ISPAI understand that
compliance with this Code of Conduct does not
necessarily imply that they are acting within
the law. Any reference in the Code of Conduct to
lawfulness or unlawfulness relates solely to
Indian Legal Framework.
2.4 This Code of Conduct is issued by the
Executive Council of ISPAI, which is the sole
authority to amend it from time to time in
accordance with Rules & Regulations of ISPAI.
3.1. The Aim of ISPAI Code of Conduct is to
enunciate and maintain high standards of Ethical
and Professional Practices in the field of
4.1 In seeking to achieve its objective, the ISPAI Code of Conduct is based on the following
Technology neutral ;
Fair to all concerned;
Protection of User’s Data;
Responsibility for contents on the Internet
rests with the relevant Content Provider.
5.1 Obligations to Law
5.1.1 ISPAI and its Members have a
responsibility to adhere to law and co-operate
with ‘Law Enforcement Agencies’ acting within
specified Indian Legal Framework.
5.1.2 Members will not knowingly permit any
User or fellow Member to engage in any illegal
activity in terms of the provisions of
Information Technology Act 2000, ISP Policy and
any other such applicable legal framework.
5.1.3 Members will follow and adhere to all
jurisdictional laws pertaining to transaction
5.1.4 Members, their Services and
Promotional Material will not encourage anything
patently, which is in any way unlawful.
5.2 Obligations to the Public
5.2.1 Members will deal fairly with the
fellow professionals and public, giving due
respect to the rights and legitimate interest of
5.2.2 Members will endeavor to support
Public Service Initiatives in harmony with the
jurisdictions in which they provides their
5.2.3 Members will ensure that their
Services and Promotional Material does not
contain anything, which may incite violence,
cruelty or hatred on the basis of sexual
discrimination, cast, creed or religion.
5.2.3 Members shall ensure that minors are
not registered by them for Internet Services
except with the explicit permission of their
5.3. Obligations to own Profession
5.3.1 Members will abide by all Terms &
Conditions of License Agreement in letter and
spirit For Provision of Internet Services.
5.3.2 Members shall be truthful in all
promotional activities and publish such
information which is devoid of inaccuracies,
ambiguities, exaggerations or omissions about
their operations, services and pricing to the
Customers and Government / Private Agencies.
5.3.3 Members will institute controls to
detect and eliminate fraud and protect their
data and the systems from internal and external
5.3.4 Members will co-operate with each other in
investigating and preventing the instances of
5.3.5 Members will institute adequate
control measures to prevent the unauthorized
access to the resources of Internet Services.
5.3.6 Members shall ensure that that they
explicitly bring to the notice of their
customers, all Terms and Conditions for
provision of their Services, before such
customers register with the Member for their
5.4 Obligations to the Customers
5.4.1. Members have a responsibility to make
this Code of Conduct clear to all their Clients
as well as to their Channel Partners /
Distributors and indicate to them that any
breached of Code of Conduct and / or violation
of law will result in cessation of services.
5.4.2 Members will design and operate their
Services to afford Customer's privacy and
confidentiality and will post their
confidentiality practices and procedures
5.4.3 Members will follow best industry
practices in offering latest Customers Filtering
Software and advise them regarding any software
tools, which they can use to protect their
confidential data and privacy.
5.4.4 Members will follow the best industry
practices in using Anti -Spamming Software, such
that Customers can elect to minimize the amount
of Spam sent to their e-mail account.
5.4.5 Where Internet Services involve
collection of personal information such as
telephone No., credit card details and addresses
etc from the customers, it would be obligatory
for Members to clarify to them the purpose for
which such an information will be used.
6.1 Since this Code of Conduct is open to
voluntary acceptance by all Members of ISPAI,
the Executive Council considers it prudent not
to institute any ‘Complaint Handling Procedure’
at the initial stage. However, this situation
may be reviewed subsequently.