Neutral Citation Number: 2023:DHC:2806 Member States from gaining access to the links in question using a search conducted on the basis of that data subject‘s name‖. 48. However, in Da Cunha v. Yahoo de Argentina SRL and Another, Expte. N 561/2010, a case about defamatory search results, the Supreme Court of Justice of Argentina recognised that intermediary liability regimes in the European Union and the United States also accord immunity to intermediaries which remains contingent upon disabling of illegal content upon obtaining “actual knowledge” of the specific violation. They are, however, under no duty of general monitoring or policing of third-party data, and using filters to block search results would amount to prior censorship. 49. Closer to home, in Vysakh K.G. v. Union of India and Ors. (supra), the Kerala High Court has succinctly observed that Google cannot be said to be content-blind to publications made online and it is not a mere passive conduit. Rejecting the lack of liability as professed by the learned Counsel appearing for Google, the Kerala High Court observed as follows: ―98. We are not called upon here to determine the responsibility or liability of Google for publishing judgments online in terms of the Intermediary Rules. The publication of the judgments online and allowing the same to remain online forever may infringe upon the right of a party based on the right to be forgotten. We have already adverted to the nature of a right that can be claimed as a right to be forgotten. If the judgments of the Court are allowed to remain online for eternity, certainly, it would invade such rights of the parties. The problem that has arisen in the absence of legislation is determining the period or circumstances under which a party can invoke the aforesaid right. We are not remaining oblivious to this fact. A litigant may in the future, approach this Court to remove online content. In the absence of legislation, Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 74 of 88