7
content that does not align with the General Terms,
Community
Guidelines
and
Privacy
Policy
or
the
Platform/TikTok. Furthermore, the content on the Platform
is monitored by advanced artificial intelligence enabled
mechanism and by human intervention, which ensures a level
of content moderation which is unmatched in the industry.
40.Thus the Respondent company has proactive take-down
mechanisms including as artificial intelligence powered
algorithms that detect illegal content, including such
content that is violative of any law, such as Section 354C
of the Indian Penal Code, 1860 and Section 66E of the IT
Act,
2000,
and
remove/disable
them
instantly.
This
pioneering technology, which required millions of dollars
of research & development and is constantly improved to
enable better and better content review and moderation.
Accordingly, the Respondent Company takes extreme and
caution that only such content is shared and displaced,
which is lawful, educational and primarily humorous in
nature, without attracting the prohibition of any legal
provisions or violating the right to privacy of any user.”
10.In the reply, the 9th respondent focussed Article 19(1)(a) of
Constitution of India and relied upon several judgments of
Honourable Supreme Court. This Court find that the situation here is
slightly different and the rights of intermediary, the creator of a
platform for users for commercial purpose may not take shelter under
Article 19(1)(a) of Constitution of India. However, this Court need
not go into all these issues for the present.
11.Learned Senior Counsel appearing for the 9th respondent
submitted that the irreparable harm by way of loss of jobs and
financial investments and reputation suffered by the company should
be considered for vacating the interim order. The 9th respondent in
that reply relied upon the order of Honourable Supreme Court, while
hearing SLP(C)No.9185 of 2019, on 22.04.2019 and pointed out that in
case this Court fails to decide on the relief sought by TikTok on
24.04.2019, the ban order, dated 03.04.2019 stands vacated. As a
matter of fact and record, the reply affidavit has been filed and
served only on 24.04.2019 and no petition to vacate interim order or
counter is filed by the respondent Nos.6 or 9 any time before. When
this Court asked the learned Senior Counsel appearing for the
respondents 6 and 9 that they owe an explanation as this Court
presumed that the order of Honourable Supreme Court should have been
passed only due to misrepresentation made by the respondents 6 and 9
or the Honourable Supreme Court would not have been briefed about
the correct status of the case before this Court with regard to the
fact that not even a counter affidavit or any other materials were
placed before this Court by the respondents 6 and 9 on the previous
hearing date, the learned Senior Counsel tendered his apology. The
http://www.judis.nic.in
learned Counsel appearing for the petitioner and many, who wanted to
come on record sought time to go through the reply and the huge