Neutral Citation Number: 2023:DHC:2806
redressal mechanism available to the users was not before the
Supreme Court in the said case.
e.
The decision of this Court in X v. Union of India (supra) in a
similar matter had already directed the Respondent-intermediaries
therein to remove the content within twenty-four hours as per Rule
3(2)(b) of the IT Rules as well as to endeavour to employ pro-active
monitoring by using automated tools, to identify and remove or
disable access to any content which is “exactly identical” to the
offending content that is subject matter of the Court order. It was
also observed by this Court that for the Order of the Court to be
effective in India, the content would have to be blocked by the
intermediary
globally.
f.
The judgment of the Supreme Court in Sabu Mathew George v.
Union of India, (2018) 3 SCC 229,was relied upon to state that in the
matter therein, the Supreme Court had directed search engines to
delete advertisements pertaining to pre-natal sex determination
within thirty-six hours of being informed of the same. The Order
dated 16.02.2017 in the matter therein was passed to make search
engines responsive to Indian law.
g.
Respondent intermediaries are multi-billion dollar entities
which possess vast technological and economic resources to develop
the requisite tools for removal of NCII content. Moreover, there are
existing tools for prevention of copyright infringement and child
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 40 of 88
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