Neutral Citation Number: 2023:DHC:2806 images of such individual, the search engine is required to take all reasonable and practicable measures to remove or disable access to such content which is hosted, stored, published or transmitted by it. A mechanism for reporting such content by the user/victim is also to be devised by the intermediary in question under Rule 3(2)(c). 33. Pertinently, violation of any of this will lead to the safe harbour protection under Section 79 being taken away, as stated in Rule 7.Section 79, which recognises the principle of secondary liability and protects intermediaries from being held liable for content that is generated by thirdparties, is not absolute in nature. It is incumbent upon intermediaries to duly discharge their obligations in order to avail this protection, and any lapse in following the IT Rules [as per Section 79(2)(c) and Rule 7] can lead to the protection accorded to it being taken away and paving the way for easy prosecution for the intermediaries. CONTENTIONS OF THE PARTIES Submissions on behalf of the Amicus Curiae 34. Mr. Saurabh Kirpal, learned Amicus Curiae, has provided a short note pursuant to the Order of this Court dated 08.11.2021 whereby this assistance was sought, and the following submissions have been advanced by him: a. The applicable law obliges the intermediaries in question to take down offending content not limited to specific URLs provided to it by the users, but to remove all offending content from the platform under Section 79(3)(b) of the IT Act. He states that this safe Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 38 of 88

اختر الفقرة المستهدفة3

الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات