Neutral Citation Number: 2023:DHC:2806 content. An algorithm means a set of procedures used for solving a problem or performing a computation. In the era of artificial intelligence, it is quite possible for Google to identify the nature of the content and remove the same. Google is not a mere passive conduit. They are now using AI tools to identify the needs and requirements of a user online and attempting to bring out the best results in what they are looking for online. Keeping aside the Intermediary Rules etc., we are of the firm view that Google cannot claim itself as a mere intermediary, allowing the contents to appear for the viewers or users in the digital platform. The publication of any valid records is protected by the Constitution as forming part of Article 19(1)(a), the right to freedom of speech and expression. There is no difficulty for Google during the era of advancement of AI to create a tool and identify particular data and remove the same. If that is not done, it would really infringe the claim based on the right to be forgotten.‖ 50. A review Petition, being R.P. No.107/2023, was preferred by Google Incorporation which was one of the Respondents, against the aforementioned judgment. Vide Order dated 30.03.2023, the Division Bench of the Kerala High Court observed as under: ―4. The above rule also requires Google to remove contents based on a Court order. In light of the above, it is clear that our observations do not run contrary to the statutory scheme. The further observation that Google can deploy AI tools to identify and locate data can be construed as only a suggestion and in no way would demand Google to deploy AI tools to identify such data. These are all matters which will have to be decided in future in the absence of any legislation, in appropriate litigation. These observations having no consequences, we find no reason to expunge the observations from the judgment. Review petitions are accordingly disposed of.‖ Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 76 of 88

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