Neutral Citation Number: 2023:DHC:2806
harbour provision under Section 79is only available to intermediaries
as long as they perform their legal obligations under Section
79(3)(b).
b.
Section 79(3)(b) stipulates that the obligation bestowed upon
the intermediary extends beyond taking down the content in
particular URLs and includes content that is found to be unlawful by
a judicial order. Any limitation would render the statute and its
purpose to be otiose, and thus, cannot be accepted.
c.
Rule 3 of the IT Rules mandates removal of content by
intermediaries, with Rule 3(1)(b) enlisting the content that is
considered unlawful, including content that belongs to another
person and to which the user does not have any right, and content
that is invasive of another’s privacy (including bodily privacy). Rule
3(1)(d) mandates the intermediary to remove unlawful content
within thirty-six hours of receiving actual knowledge of a Court
order or an order by a competent authority. Apart from a Court order
or an order by a competent authority, Rule 3(2)(b) requires
intermediaries to take down content within twenty-four hours of
receiving a complaint in relation to the offending content.
d.
The ratio of Shreya Singhal v. Union of India (supra) with
regard to “actual knowledge” being construed as communication of
Court order to the intermediaries is not applicable in the instant case
as herein, the Court has already adjudicated upon the unlawfulness
of the content, and that Rule 3(2)(b) which provides for a grievance
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 39 of 88
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