Neutral Citation Number: 2023:DHC:2806 definition of an “originator” under Section 2(1)(za) of the IT Act which is the person that generates the data being transmitted. It is similar to a library catalogue which has no information of its own, but merely points to the location of a particular book on a shelf. Further, unlike Google’s text-based search results, image-based search results are more difficult to identify and retrieve, and it involves complex software algorithms that use information about an image as well as other information to match images to a user’s queries in an automated manner. Thus, it is futile to render directions only to search engines and not to third-party websites which are the primary sources of NCII content. b. As Section 2(1)(f) of the IT Rules consciously defines a communication link as a URL or a hyperlink, and when the same is read harmoniously with Section 79 of the IT Act, it indicates the legislative intent to ensure URL specific reporting. Reliance has been placed on Shreya Singhal v. Union of India (supra) to submit that the Supreme Court has held that intermediaries cannot be arbiters and are not expected to adjudicate on third-parties’ rights. It is only upon receiving actual knowledge that a Court order has been passed asking it to expeditiously remove or disable access to certain links that the intermediary must do so. Further, even the Court order and/or the notification by the appropriate Government or its agency must strictly conform to the grounds specifically laid down in Article 19(2) of the Constitution of India, 1950. c. It has never been the intention of the Legislature to task Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 48 of 88