Neutral Citation Number: 2023:DHC:2806
engine to use the tools that already exist to ensure that access to the
offending content is immediately ceased without requiring the victim
to approach the Courts or other authorities again and again for
removal of the same. The search engine cannot insist on requiring
the specific URLs from the victim for the purpose of removing
access to the content that has already been ordered to be taken down,
and the victim cannot be made to face humiliation or harassment by
having to approach the authorities or Courts seeking the same relief.
xi. As a long-term suggestion, a trusted third-party encrypted
platform may be developed by MEITY in collaboration with various
search engines under Rule 3(2)(c) for registering the offending NCII
content or the communication link by the user/victim. Accordingly,
the
intermediaries
in
question
may
assign
cryptographic
hashes/identifiers to the said NCII, and automatically identify and
remove the same through a safe and secure process. This would
reduce the burden on the victim/user to constantly have to scour the
internet for NCII pertaining to them and having to request for the
removal/de-indexing of individual URLs. Utmost importance should
accorded to the fact that the privacy of the user/victim must remain
inviolable and the data collected for the purposes of using the hashmatching technology is not stored and misused. On account of the
vulnerability of the data involved, the platform must be subject to
greatest of transparency and accountability standards.
62.
This lengthy exercise undertaken by this Court became necessary to
protect the sanctity of due process so that a stop could be put to the Orders
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 87 of 88
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