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
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