I now turn to ground No. 2. It was essentially submitted for the
applicants that Regulations 16 and 17 are unreasonable, ambiguous
and arbitrary being manifested by lack of definition of common terms
such as ‘online content provider’ and ‘online content services provider’.
Under this ground there is a complaint of shortness of duration of 12
hours
to
settle
complaints,
lack
of
appellate
mechanism
and
involvement of stranger in the complaint mechanism. This was also
termed as irrationality and learned counsel relied again on the case of
Council of Civil Service Unions Versus Minister for the Civil Service
[1985] AC 374 (HL) and the case of Associated Provincial Picture
House versus Wednesbury (1948) KB 223 which later came to be
known as “Wednesbury test” . Apart from the shortness period of time,
it was also submitted that there is no safeguard provision and, on the
notice, -and-takedown system which is vague and ambiguous, the
possibility of there being multiple and unsubstantiated requests, lack of
opportunity to challenge it and over censorship, no appeal or avenue for
review and hence the proposal to involve the judiciary. On the issue of
vagueness, learned counsel relied on the case of Vice Chancellor, M.D.
University, Rohtak, (2007) SCC77. On his part, learned senior state
attorney replying to this ground No. 2 denied there being irrationality
under this ground. He submitted that the provisions provide for a wellestablished procedure to deal with the complaints emanating from the
online services providers. It gives the affected person the right to
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