Neutral Citation Number: 2023:DHC:2806 Media Ethics Code) Rules, 2021 (hereinafter referred to as the “IT Rules”). It notes that the IT Rules not only focus on the enhanced safety of women and children, but that it also provides for statutory timelines for grievance redressal and content takedown. The Short Affidavit, thereafter, goes on to note that the prayer of the Petitioner seeking delinking/de-tagging/dereferencing/de-indexing the name of the Petitioner would adversely affect the freedom of speech and expression of other individuals having the same name as the Petitioner or a similar name. The paragraphs of the Short Affidavit stating the aforesaid are as follows: ―5. It is submitted that the Ministry of Electronics and Information Technology (hereinafter referred to as "MEITY") is the custodian of the Information Technology Act, 2000 (hereinafter referred to as "IT Act, 2000") and Rules framed thereunder. 6. It is submitted that the IT Act, 2000 contains provisions under Sections 66E, 67 and 67A, under Chapter XI thereof for violation of bodily privacy, publishing or transmitting obscene material and publishing or transmitting sexually explicit material in electronic form respectively. It is further submitted that Section 67B of the IT Act, 2000 provides for punishing the publishing or transmitting of material depicting children in sexually explicit act in electronic form. 7. It is submitted that Section 79 of the IT Act, 2000 contains safe harbor provisions for intermediaries as defined under Section 2(1)(w) thereof. It is further submitted that the intermediaries must inter alia observe due diligence guidelines as prescribed by the Central Government to ensure exemption from liability. It is further submitted that to ensure open, safe, trusted and accountable Internet, the answering Respondent has notified the Information Technology (Intermediary Guidelines and Digital Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 8 of 88

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