Neutral Citation Number: 2023:DHC:2806
29.
Having reproduced the relevant provisions of the IT Act and IT Rules,
we may now proceed with the role of the intermediaries. As can be
discerned from the definition of “intermediaries” as provided by Section
2(1)(w), amongst various entities, search engines also fall under the category
of intermediaries. A working paper on “Tackling the Dissemination and
Redistribution of NCII” by Centre for Communication Governance (CCG)
at National Law University, Delhi, observes that recognition of
heterogeneity in intermediary functionality is necessary to ensure proper
regulation of online content. The paper espouses that due to the
heterogenous nature of intermediaries, mandating a single approach for
removal of NCII content might prove to be ineffective. While espousing this
viewpoint, the paper defines four different types of intermediaries:
―ISPs: connect their subscribers to the internet by
supplying telecommunications facilities and equipment
such as modems and last-mile connectivity. ISPs do not
ordinarily filter or examine the data that is transmitted
on their networks, nor can they interfere with the
content by altering or removing the content they
transmit. Thus, it is impractical to require ISPs to
monitor and detect unlawful content. However, since
they control their subscribers‘ access to the internet,
they can block certain locations (URLs) on the internet
if directed by a government or court order. This
effectively prevents any of the ISPs‘ subscribers from
accessing the URL. This may be particularly useful
when websites refuse to remove unlawful content.
Websites hosting third-party content: While some
websites host their own content (eg, a news website),
other websites allow third parties (eg, ordinary users)
to upload content on their website. The latter type of
website is an ―intermediary‖ as it is hosting thirdparty content. Websites may host thousands of pieces
of third-party content, and may not always be aware
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
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