Neutral Citation Number: 2023:DHC:2806 having to obtain a Court order. Therefore, apart from making its own reasonable efforts in not publishing offending content, intermediaries can be requested to takedown offending content after being informed by a Court order or by an order of the appropriate Government or by the user themselves. NCII and Right to Privacy 41. The Court order or order of the appropriate Government or its agency has to be in pursuance of the infringement of any law for the time being in force. In the instant case, not only does uploading of NCII lead to a clear violation of the provisions of the IT Act and IT Rules, it is also a violation of the right to privacy which is a sacrosanct aspect of Article 21 of the Constitution of India as held by a 9-Judge Bench of the Supreme Court in K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1. In the said Judgement, the Supreme Court observed that privacy has distinct connotations, including decisional autonomy which comprehends intimate personal choices and informational control which empowers an individual to retain control over information pertaining to the individual. It would be appropriate at this juncture to reproduce the relevant paragraphs describing the various aspects of privacy: ―248. Privacy has distinct connotations including (i) spatial control; (ii) decisional autonomy; and (iii) informational control. [ Bhairav Acharya, ―The Four Parts of Privacy in India‖, Economic & Political Weekly (2015), Vol. 50 Issue 22, at p. 32.] Spatial Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 65 of 88

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