Neutral Citation Number: 2023:DHC:2806
offending content; this responsibility of the search engine cannot be brushed
under the carpet on the ground that it does not host content.
60.
This Court painfully notes that there is an abysmal absence of a
collaborative effort that should ideally be undertaken by the intermediaries
and the State. The focus of such entities and authorities should be on the
quick redressal of the complaint brought before them rather than the shirking
of blame or making submissions on the onerous nature of their duties. In the
process of shirking responsibility, precious time is lost in removal of the
offending content and it enables the offender to keep reposting the content.
It further encourages other potential offenders to undertake such
dissemination of NCII content as they are aware of the lack of
consequences. This in turn frustrates the legal redressal mechanism in place
and the harm, both emotional and reputational, caused to the victim/user
persists and perpetuates. In a conservative country like India where matters
of this nature are not a part of dinner table conversations, NCII abuse does
indeed lead to harrowing consequences and everlasting stigma for the
victim. In light of this, the endeavour of every entity involved should be to
expeditiously resolve the issue.
DIRECTIONS AND RECOMMENDATIONS
61.
In view of the foregoing observations, this Court deems it fit to render
the following directions and recommendations to the Respondent
Intermediaries, the Ministry of Electronics and Information Technology
(MEITY), as well as the Delhi Police, for ensuring that cases of the instant
nature are dealt in a manner that minimises the trauma caused to the victim
and resolves the problem at hand expeditiously:
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 83 of 88
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