Neutral Citation Number: 2023:DHC:2806
identifying infringing content from the non-infringing one would
lead to impeding free speech and privatized censorship. Further, it
would lead to the intermediary in question being liable for contempt
of Court for not being able to comply with an Order that is
impossible to perform. Thus, intermediaries may only remove
content once it receives specific instances of the same and should
refrain from doing so proactively.
Submissions on behalf of MEITY
37.
Mr. Anurag Ahluwalia, learned CGSC, has advanced the following
submissions of behalf of MEITY:
a.
Section 79 of the IT Act contains safe harbour provisions for
intermediaries as defined under Section 2(1)(w) and these
intermediaries must observe due diligence guidelines as prescribed
by the Central Government to ensure exemption from liability. The
IT Rules enumerates the due diligence that must be observed by all
intermediaries, including social media intermediaries and SSMIs.
These Rules have been framed for increased user safety as they now
allow users/victims to directly approach the intermediaries for
requests pertaining to content takedown in specific cases relating to
breach of bodily privacy, impersonation, morphed imagery of the
concerned individual so as to prevent harm and emotional distress,
particularly in instances of revenge porn. Statutory timelines have
also been provided for grievance redressal and content takedown.
The relevant portion from the Short Affidavit filed on behalf of
MEITY is as follows:
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 60 of 88
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