Neutral Citation Number: 2023:DHC:2806
definition of an “originator” under Section 2(1)(za) of the IT Act
which is the person that generates the data being transmitted. It is
similar to a library catalogue which has no information of its own,
but merely points to the location of a particular book on a shelf.
Further, unlike Google’s text-based search results, image-based
search results are more difficult to identify and retrieve, and it
involves complex software algorithms that use information about an
image as well as other information to match images to a user’s
queries in an automated manner. Thus, it is futile to render directions
only to search engines and not to third-party websites which are the
primary sources of NCII content.
b.
As Section 2(1)(f) of the IT Rules consciously defines a
communication link as a URL or a hyperlink, and when the same is
read harmoniously with Section 79 of the IT Act, it indicates the
legislative intent to ensure URL specific reporting. Reliance has
been placed on Shreya Singhal v. Union of India (supra) to submit
that the Supreme Court has held that intermediaries cannot be
arbiters and are not expected to adjudicate on third-parties’ rights. It
is only upon receiving actual knowledge that a Court order has been
passed asking it to expeditiously remove or disable access to certain
links that the intermediary must do so. Further, even the Court order
and/or the notification by the appropriate Government or its agency
must strictly conform to the grounds specifically laid down in Article
19(2) of the Constitution of India, 1950.
c.
It has never been the intention of the Legislature to task
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 48 of 88
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