Neutral Citation Number: 2023:DHC:2806
websites without any consent or permission. They have extreme
technological limitations and adverse repercussions, especially on
the exercise of free speech. As they cannot effectively distinguish
between content and they operate in an “all or nothing” framework,
there exists the possibility that they may end up jeopardizing and
removing legitimate and genuine content.
h.
Unlike CSAM which is patently and universally illegal, NCII
content is dependent on the context in which it has been taken or
shared. Despite Google’s best efforts to prevent the content from reappearing, many such content can be easily modified and thus,
evades detection. The index that is cultivated by the search engines
is only a “keyword on the page” + URL. The computer cannot
qualitatively review this information to decide whether this pertains
to the concerned subject or not. Any mandate to review such content
will devastate the efficacy of platforms and cripple delivery of
services online. There is also no obligation under law to put any
filters qua search engines.
i.
Reporting mechanisms qua Google Search have been provided
by way of an Affidavit and the same has been reproduced as under:
―30. I say that the support pages and reporting
mechanisms qua Google Search are briefly
encapsulated hereinbelow, for ready reference of this
Hon'ble Court:
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 52 of 88
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