Neutral Citation Number: 2023:DHC:2806 It is necessary to note that the observations in R.P. No. 107/2023 shall have no bearing on the directions and the guidelines stipulated in the instant matter for the reason that the newly amended Rule 3 explicitly pronounces the obligation of the intermediary to not only “inform”, but to make “reasonable efforts” to ensure that its users do not publish content that is prohibited under Rule 3(1)(b). Thus, any directions given herein fall squarely within the statutory regime with regard to obligations of intermediaries. 51. In a paper by L.M. Hinman on “Searching Ethics: The Role of Search Engines in the Construction and Distribution of Knowledge”, it has been stated that with the increasing importance and pervasiveness of search engines, it can be found that search engines can no longer be said to be just providing access to knowledge, but are playing a central role in the constitution of knowledge itself. Users of search engines are increasingly dependent on search engines to filter through the ever-expanding universe of online data. Its pervasiveness is such that the very term “Google” is now used as a verb and is synonymous with “search”. As a result, the mere deindexing of an URL has an incremental impact on protecting one’s right to be forgotten as it makes it almost impossible for someone to access the offending material if they are already not in possession of the specific URLs. 52. What can be culled out from the aforesaid legal literature is that a search engine plays an important role in the dissemination of content and its powers in connecting the said content to the consumers is undeniable. When viewed in this light, it is unfathomable as to how a search engine can feign helplessness when it comes to removal of or disabling access to links which prima facie contain content that is illegal as declared by the Court. There resides a social obligation in these intermediaries to be proactive in deSignature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 77 of 88

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