Neutral Citation Number: 2023:DHC:2806
10.
The Writ Petition, therefore, becomes infructuous. However, to ensure
that the victims like the Petitioner herein are not forced to approach the
authorities/intermediaries including the search engine repeatedly for removal
of any offending content, this Court has proceeded further so that
appropriate directions may be issued.
11.
Vide Order dated 22.03.2022, this Court issued the following
directions to Respondent No.3, i.e. Google LLC, and Respondent No.4, i.e.
Microsoft India:
―1. The search engines i.e. respondent No.3/Google
LLC and respondent No.4/Microsoft India Pvt. Ltd. are
directed to file an affidavit stating the technologies
they possess, to ensure that the material which has
been directed to be removed by the competent
authority/court does not re-appear on the internet after
the same has been brought down, which could force the
complainant to repeatedly go to the law enforcing
agencies/court for the very same order. It is also
directed to disclose as to whether such a material can
be removed without any reference to specific URLs.
2. The said affidavit be filed within three weeks from
today. A copy of the same be supplied to the learned
amicus curiae.‖
12.
After the Judgement was reserved in the instant matter, the learned
Amicus Curiae sought to place on record the Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Amendment
Rules, 2022by way of CRL.M.A. No. 22861/2022. The same was allowed
vide Order dated 20.12.2022.
13.
Non-Consensual Intimate Images (NCII) refers broadly to sexual
content that is distributed without the consent of those who are being
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 13 of 88
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