Neutral Citation Number: 2023:DHC:2806
vii. Search engines must employ the already existing mechanism
with the relevant hash-matching technology on the lines of the one
developed by Meta as has been discussed above. They cannot be
allowed to avoid their statutory obligations by stating that they do
not have the necessary technology, which is patently false as has
been exhibited during the course of hearing.
viii. The reporting mechanism under Rule 3(2)(c) of the IT Rules
must be conveyed to the users by the intermediaries by way of
prominent display of the same on the website of the intermediary. It
is necessary for users to be made aware of the reporting mechanism
and the onus for educating the users lies on the intermediaries.
ix.
The timeframe as stipulated under Rule 3 of the IT Rules must
be strictly followed without any exceptions, and if there is even
minor deviation from the said timeframe, then the protection from
liability accorded to a search engine under Section 79 of the IT Rules
cannot be invoked by the search engine.
x.
When a victim approaches a Court or a law enforcement
agency and obtains a takedown order, a token or a digital identifier
based approach must be adopted by search engines to ensure that the
de-indexed content does not resurface. This means that the
user/victim may be assigned a unique token upon initial takedown of
NCII content. If the user/victim subsequently discovers that the same
content has resurfaced, then it is the responsibility of the search
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 86 of 88
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