Neutral Citation Number: 2023:DHC:2806 media platforms such as Facebook, Twitter, and Instagram may qualify as SSMIs, however, a search engine such as Google Search will not. This has further been clarified in FAQ 12 issued by MEITY on Part III of the IT Rules. By not falling under the ambit of SSMIs, search engines can, thus, be categorised solely as intermediaries, and their obligations are only limited to Rule 3 which is applicable to all intermediaries and not Rule 4 of the IT Rules which provides for additional due diligence that must be observed by SSMIs. 32. Being an intermediary simpliciter, as has been stated above, search engines are obligated to observe due diligence while discharging its duties under Rule 3, including making reasonable efforts to cause the user of its computer resource not to host, display, upload, modify, publish, transmit, store, update or share any information that is invasive of another’s privacy, including bodily privacy, and violates any law for the time being in force. Rule 3(1)(d) states that on receiving actual knowledge in the form of a Court order or on being notified by the Appropriate Government or its agency under Section 79(3)(b), the search engine is required to not allow such offending content to continue on its platform, and it shall remove or disable access to that information as early as possible, but not later than thirty-six hours. For information received through the grievance redressal mechanism under Rule 3(2), the search engine is required to remove the offending content as expeditiously as possible and resolve the complaint within seventy-two hours of reporting. If the information is relating to content which is prima facie in the nature of any material which exposes the private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in nature of impersonation in an electronic form, including artificially morphed Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 37 of 88

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