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 Page 34 of 88

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