13. The learned counsel for the defendants No.69 and 70 has further submitted in the written note that Rule 3(2)(b) of the IT Rules had to be read in juxtaposition with Sections 67 and 67A of the Information Technology Act, 2000, which excluded material that was published in the interest of science, literature, art or learning or other objects of general concern. Learned counsel has submitted that since the suit videos related to a film and the videos were shot with the consent of the plaintiff, the case did not fall within the parameters of said Rule 3(2)(b). In any case, Rule 3(2)(b) requires a complaint from the victim or authorized representative, which was absent in the present case and therefore, Rule 3(2)(b) may not be strictly applicable. 14. In view of the submissions made, it is clear that the matter requires consideration in greater depth. Suffice it to note, at this juncture, that the suit videos contain explicit material, as included under Rule 3(2)(b) of the IT Rules. Whether the suit is maintainable or not, is a question that can wait for a later stage when pleadings are completed inasmuch as, Jorawer Singh Mundy (supra) was a writ petition while Zulfiqar Ahman Khan (supra) was filed as a suit. The submission made by learned counsel for the defendants No.69 and 70 that the suit videos had been shot with the consent of the plaintiff and therefore, she would not be entitled to any relief, is a submission that does not find favour with this Court. 15. Even if it were true, as submitted by learned counsel for the defendants No.69 and 70, that the plaintiff may have participated in the filming of the scenes in question voluntarily and for consideration, she has clearly stated that she has not licensed any of the URLs/websites and Signature Not Verified CS (COMM) 392/2021 Signed By:MANJEET KAUR Signing Date:24.08.2021 22:42:46 Page 6 of 9

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