Neutral Citation Number: 2023:DHC:2806
redistribution of NCII requires a more nuanced
approach. ―
57.
In such circumstances, a reading of the provisions that bestow an
obligation upon an intermediary cannot be done in isolation and has to be
conducted in a purposive manner. The principle of purposive interpretation
focuses on interpretation of a provision in light of the purpose for which it
was enacted. As has been stated by the MEITY itself, the IT Rules, which
increases the burden upon intermediaries and widens their scope of losing
their safe harbour under Section 79, were notified for ensuring open, safe,
trusted and accountable Internet. The recent 2022 Amendment Rules also
demonstrate the increase in the obligations of the intermediaries which is
explicit in how intermediaries are now required to expend “reasonable
efforts” in ensuring that its users do not host, publish, display, share, etc. any
offending material defined under Rule 3(1)(b) instead of merely “informing”
the users about the same, which was the case earlier. Search engines being
an intermediary cannot hide behind the argument that they merely provide
access to third-party websites as due diligence exercised as per Rule 3 is
applicable to all intermediaries.
58.
However, at this juncture, this Court finds to necessary to reiterate
that in the instant case, the lackadaisical approach of the Respondents has
come to light after a valid Court order has been rendered regarding
takedown of the offending content. There is substance in the submission of
the learned Amicus Curiae that the intermediaries cannot take shelter of the
decision of the Apex Court in Shreya Singhal v. Union of India (supra) for
the reason that an effective Court order regarding takedown of the unlawful
content has already been rendered. Further, the IT Rules have now come
into place which was not the case when the decision in Shreya Singhal v.
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 81 of 88
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents