Neutral Citation Number: 2023:DHC:2806 companies to put in place processes and standards for deployment of such technology that would be beneficial to user safety. c. The IT Rules notified on 25.02.2021 were framed pursuant to directions of the Supreme Court, and they are a product of a lengthy and thorough consultative process between all stakeholders which took into account the requirement of balancing of issues of public safety with technological advancement that has been achieved by tech companies as of date. Certain key events that led to the enactment of the IT Rules were a Rajya Sabha Motion dated 26.07.2018 on “Misuse of Social Media Platforms and Spreading of Fake News” wherein the Minister for MEITY conveyed to the Upper House the need for a stronger legal framework to make social media platforms accountable under the law, and directions of the Supreme Court in In Re: Prajwala Letter dated 18.02.2015 Videos of Sexual Violence and Recommendations, S.M.W. (Crl.) No. 3 of 2015, as per which the Government of India had been directed to consult with intermediaries like Google, Microsoft, and WhatsApp, to formulate guidelines pertaining to circulation child pornography, rape and gang bang videos. d. During the public consultation regarding the IT Rules, comments and counter comments were invited, and it was observed that deployment of automated filtering of content would have harmful effects as it could lead to removal of legitimate content. Further, requiring intermediaries to filter content would amount to excessive and unreasonable restriction on the fundamental right to Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 58 of 88

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