Neutral Citation Number: 2023:DHC:2806
media platforms such as Facebook, Twitter, and Instagram may qualify as
SSMIs, however, a search engine such as Google Search will not. This has
further been clarified in FAQ 12 issued by MEITY on Part III of the IT
Rules. By not falling under the ambit of SSMIs, search engines can, thus, be
categorised solely as intermediaries, and their obligations are only limited to
Rule 3 which is applicable to all intermediaries and not Rule 4 of the IT
Rules which provides for additional due diligence that must be observed by
SSMIs.
32.
Being an intermediary simpliciter, as has been stated above, search
engines are obligated to observe due diligence while discharging its duties
under Rule 3, including making reasonable efforts to cause the user of its
computer resource not to host, display, upload, modify, publish, transmit,
store, update or share any information that is invasive of another’s privacy,
including bodily privacy, and violates any law for the time being in force.
Rule 3(1)(d) states that on receiving actual knowledge in the form of a Court
order or on being notified by the Appropriate Government or its agency
under Section 79(3)(b), the search engine is required to not allow such
offending content to continue on its platform, and it shall remove or disable
access to that information as early as possible, but not later than thirty-six
hours. For information received through the grievance redressal mechanism
under Rule 3(2), the search engine is required to remove the offending
content as expeditiously as possible and resolve the complaint within
seventy-two hours of reporting. If the information is relating to content
which is prima facie in the nature of any material which exposes the private
area of such individual, shows such individual in full or partial nudity or
shows or depicts such individual in any sexual act or conduct, or is in nature
of impersonation in an electronic form, including artificially morphed
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 37 of 88
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