Neutral Citation Number: 2023:DHC:2806
having to obtain a Court order. Therefore, apart from making its own
reasonable efforts in not publishing offending content, intermediaries can be
requested to takedown offending content after being informed by a Court
order or by an order of the appropriate Government or by the user
themselves.
NCII and Right to Privacy
41.
The Court order or order of the appropriate Government or its agency
has to be in pursuance of the infringement of any law for the time being in
force. In the instant case, not only does uploading of NCII lead to a clear
violation of the provisions of the IT Act and IT Rules, it is also a violation of
the right to privacy which is a sacrosanct aspect of Article 21 of the
Constitution of India as held by a 9-Judge Bench of the Supreme Court in
K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1. In the said
Judgement, the Supreme Court observed that privacy has distinct
connotations, including decisional autonomy which comprehends intimate
personal choices and informational control which empowers an individual to
retain control over information pertaining to the individual. It would be
appropriate at this juncture to reproduce the relevant paragraphs describing
the various aspects of privacy:
―248. Privacy has distinct connotations including (i)
spatial control; (ii) decisional autonomy; and (iii)
informational control. [ Bhairav Acharya, ―The Four
Parts of Privacy in India‖, Economic & Political
Weekly (2015), Vol. 50 Issue 22, at p. 32.] Spatial
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 65 of 88
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