Neutral Citation Number: 2023:DHC:2806
content. An algorithm means a set of procedures used
for solving a problem or performing a computation. In
the era of artificial intelligence, it is quite possible for
Google to identify the nature of the content and remove
the same. Google is not a mere passive conduit. They
are now using AI tools to identify the needs and
requirements of a user online and attempting to bring
out the best results in what they are looking for online.
Keeping aside the Intermediary Rules etc., we are of
the firm view that Google cannot claim itself as a mere
intermediary, allowing the contents to appear for the
viewers or users in the digital platform. The
publication of any valid records is protected by the
Constitution as forming part of Article 19(1)(a), the
right to freedom of speech and expression. There is no
difficulty for Google during the era of advancement of
AI to create a tool and identify particular data and
remove the same. If that is not done, it would really
infringe the claim based on the right to be forgotten.‖
50.
A review Petition, being R.P. No.107/2023, was preferred by Google
Incorporation
which
was
one
of
the
Respondents,
against
the
aforementioned judgment. Vide Order dated 30.03.2023, the Division Bench
of the Kerala High Court observed as under:
―4. The above rule also requires Google to remove
contents based on a Court order. In light of the above,
it is clear that our observations do not run contrary to
the statutory scheme. The further observation that
Google can deploy AI tools to identify and locate data
can be construed as only a suggestion and in no way
would demand Google to deploy AI tools to identify
such data. These are all matters which will have to be
decided in future in the absence of any legislation, in
appropriate litigation. These observations having no
consequences, we find no reason to expunge the
observations from the judgment. Review petitions are
accordingly disposed of.‖
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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