Neutral Citation Number: 2023:DHC:2806
It is necessary to note that the observations in R.P. No. 107/2023 shall have
no bearing on the directions and the guidelines stipulated in the instant
matter for the reason that the newly amended Rule 3 explicitly pronounces
the obligation of the intermediary to not only “inform”, but to make
“reasonable efforts” to ensure that its users do not publish content that is
prohibited under Rule 3(1)(b). Thus, any directions given herein fall
squarely within the statutory regime with regard to obligations of
intermediaries.
51.
In a paper by L.M. Hinman on “Searching Ethics: The Role of Search
Engines in the Construction and Distribution of Knowledge”, it has been
stated that with the increasing importance and pervasiveness of search
engines, it can be found that search engines can no longer be said to be just
providing access to knowledge, but are playing a central role in the
constitution of knowledge itself. Users of search engines are increasingly
dependent on search engines to filter through the ever-expanding universe of
online data. Its pervasiveness is such that the very term “Google” is now
used as a verb and is synonymous with “search”. As a result, the mere deindexing of an URL has an incremental impact on protecting one’s right to
be forgotten as it makes it almost impossible for someone to access the
offending material if they are already not in possession of the specific URLs.
52.
What can be culled out from the aforesaid legal literature is that a
search engine plays an important role in the dissemination of content and its
powers in connecting the said content to the consumers is undeniable. When
viewed in this light, it is unfathomable as to how a search engine can feign
helplessness when it comes to removal of or disabling access to links which
prima facie contain content that is illegal as declared by the Court. There
resides a social obligation in these intermediaries to be proactive in deSignature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 77 of 88
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