Neutral Citation Number: 2023:DHC:2806
companies to put in place processes and standards for deployment of
such technology that would be beneficial to user safety.
c.
The IT Rules notified on 25.02.2021 were framed pursuant to
directions of the Supreme Court, and they are a product of a lengthy
and thorough consultative process between all stakeholders which
took into account the requirement of balancing of issues of public
safety with technological advancement that has been achieved by
tech companies as of date. Certain key events that led to the
enactment of the IT Rules were a Rajya Sabha Motion dated
26.07.2018 on “Misuse of Social Media Platforms and Spreading of
Fake News” wherein the Minister for MEITY conveyed to the Upper
House the need for a stronger legal framework to make social media
platforms accountable under the law, and directions of the Supreme
Court in In Re: Prajwala Letter dated 18.02.2015 Videos of Sexual
Violence and Recommendations, S.M.W. (Crl.) No. 3 of 2015, as
per which the Government of India had been directed to consult with
intermediaries like Google, Microsoft, and WhatsApp, to formulate
guidelines pertaining to circulation child pornography, rape and gang
bang videos.
d.
During the public consultation regarding the IT Rules,
comments and counter comments were invited, and it was observed
that deployment of automated filtering of content would have
harmful effects as it could lead to removal of legitimate content.
Further, requiring intermediaries to filter content would amount to
excessive and unreasonable restriction on the fundamental right to
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 58 of 88
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