Neutral Citation Number: 2023:DHC:2806 found to be identical, it is taken down. Microsoft has also developed a software by the name of Photo DNA which is currently being used to identify CSAM and is also being used by platforms such as Google and Twitter, and the database of the hashes generated is maintained by an independent organisation. YouTube has also developed CSAI (Child Sexual Abuse Imagery) Match which is used by NGOs and other companies to identify against the database of known abusive content 54. Flowing from the above, while this Court is of the opinion that entities of the nature of Google and Microsoft, considering their ubiquity, cannot abscond or withdraw from their duties to the public at large in the name of reducing the liability they might incur, this Court is inclined to agree with the submissions of the learned Senior Counsel appearing for Google and Microsoft that any direction that necessitates pro-active filtering on the part of intermediaries may have a negative impact on the right to free speech. No matter the intention of deployment of such technology, its application may lead to consequences that are far worse and dictatorial. Is Right to Free Speech Being Violated ? 55. One of the concerns that arises when we consider the right to privacy of an individual under Article 21 is its impact on the right to freedom of expression and speech under Article 19(1)(a) which is an argument that has been posed by all parties in the instant matter. This issue requires an interpretation of the phrase “such content” in Rule 3(2)(b) and whether the same means a specific instance of identified NCII, as has been contended by the intermediaries, or all such content of identical nature, as submitted by the learned Amicus Curiae. This Court is of the opinion that construing the Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 79 of 88