Neutral Citation Number: 2023:DHC:2806
following exercise and analyse NCII abuse through the prism of the IT Act
and the Rules thereunder, as well as to carve out the roles that
intermediaries, more specifically search engines, play in not only its
distribution, but in its prevention as well.
NCII vis-à-vis the IT Act and the IT Rules
15.
While NCII in itself has not been explicitly defined either in the IT
Act or the Rules thereunder, Rule 3(2)(b) of the IT Rules, which lays down
the grievance redressal mechanism that is to be followed by an intermediary,
more or less defines NCII as any content which prima facie exposes the
private area of any individual/shows such individual in full or partial
nudity/shows or depicts such individual in any sexual act or conduct/is in the
nature of impersonation in an electronic form, including artificially morphed
images. The provision has been reproduced as under:
―3(2)(b). The intermediary shall, within twenty-four
hours from the receipt of a complaint made by an
individual or any person on his behalf under this subrule, in relation to any content which is prima facie in
the nature of any material which exposes the private
area of such individual, shows such individual in full
or partial nudity or shows or depicts such individual
in any sexual act or conduct, or is in the nature of
impersonation in an electronic form, including
artificially morphed images of such individual, take
all reasonable and practicable measures to remove or
disable access to such content which is hosted, stored,
published or transmitted by it.‖
(emphasis supplied)
16.
However, the aforementioned definition does not mention the lack of
consent in either producing the content or in dissemination of the content.
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 15 of 88
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