Neutral Citation Number: 2023:DHC:2806 phrase “such content” as “all content” is necessary to reduce the burden on the user/victim, however, “all content”, access to which is to be disabled, must pertain to NCII abuse that has already been reported. Further, it is pertinent to note that unlike copyright infringement [as was the issue in MySpace Inc. v. Supercassettes Industries Ltd. (supra)], defamation, etc., NCII content conveys a higher degree of harm in society. 56. In a Judgement of this Court in X v. Union of India, W.P.(Crl.) 1082 of 2020, a direction had been given to all intermediaries by the learned Single-Judge Bench to engage in proactive monitoring and removal of NCII content that the Court had deemed to be illegal. There is currently an appeal pending against the said Judgement, however, no stay has been granted, and thus, the Order is still in operation. The working paper published by CCG records the risks that overbroad directions may pose, however, the viability of the directions in the said Judgement is of no consequence in the instant matter as the directions and suggestions being issued herein are restricted to search engines only. The relevant portion of the working paper is as under: ―Proactive monitoring for NCII content: In 2021, a Single Judge of the Delhi High Court attempted to address the problem of re-uploading of known NCII by stipulating that all intermediaries must engage in the proactive monitoring and removal of NCII that the Court had previously determined to be illegal.16 Such mandatory monitoring obligations create significant free speech and privacy risks as intermediaries must monitor all users to identify those uploading unlawful content.17 Such automated filtering has also been demonstrated to disproportionately restrict lawful expression by individuals from racial and linguistic minorities.18 Imposing a monitoring requirement on all intermediaries could lead to more content removal, but not necessarily better content removal, resulting in the removal of lawful speech. Therefore, curbing the Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 80 of 88