13.
The learned counsel for the defendants No.69 and 70 has further
submitted in the written note that Rule 3(2)(b) of the IT Rules had to be
read in juxtaposition with Sections 67 and 67A of the Information
Technology Act, 2000, which excluded material that was published in the
interest of science, literature, art or learning or other objects of general
concern. Learned counsel has submitted that since the suit videos related
to a film and the videos were shot with the consent of the plaintiff, the
case did not fall within the parameters of said Rule 3(2)(b). In any case,
Rule 3(2)(b) requires a complaint from the victim or authorized
representative, which was absent in the present case and therefore, Rule
3(2)(b) may not be strictly applicable.
14.
In view of the submissions made, it is clear that the matter requires
consideration in greater depth. Suffice it to note, at this juncture, that the
suit videos contain explicit material, as included under Rule 3(2)(b) of the
IT Rules. Whether the suit is maintainable or not, is a question that can
wait for a later stage when pleadings are completed inasmuch as, Jorawer
Singh Mundy (supra) was a writ petition while Zulfiqar Ahman Khan
(supra) was filed as a suit. The submission made by learned counsel for
the defendants No.69 and 70 that the suit videos had been shot with the
consent of the plaintiff and therefore, she would not be entitled to any
relief, is a submission that does not find favour with this Court.
15.
Even if it were true, as submitted by learned counsel for the
defendants No.69 and 70, that the plaintiff may have participated in the
filming of the scenes in question voluntarily and for consideration, she
has clearly stated that she has not licensed any of the URLs/websites and
Signature Not Verified
CS (COMM) 392/2021
Signed By:MANJEET KAUR
Signing Date:24.08.2021
22:42:46
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