Neutral Citation Number: 2023:DHC:2806
2.
Information takedown from platform upon
actual knowledge based on court order or notice
from appropriate government authorised by law:
36 hours [Rule 3(1)(d)]
3.
Providing information on a lawful
request: 72 hours [Rule 3(1)(j)]
4.
Removal of revenge porn (sexual
extortion/non-consensual porn publication/sexual
act or conduct involving impersonation, etc.) and
other similar content: 24 hours [Rule 3(2)(b)].
13. It is submitted that in the present Petition, the
grievance(s) of the Petitioner falls under Rule 3(2)(b)
of the IT Rules, 2021 and accordingly, the Petitioner
has an efficacious remedy to approach the
intermediary directly or through any person on her
behalf including law enforcement agencies for removal
of URLs containing offending content.
14. It is submitted that the Petitioner's Prayer in
clause
(B)
seeking
delinking/de-tagging/dereferencing/de-indexing the name of the Petitioner
from the search engines would adversely affect on the
freedom of expression and speech of other individuals
having the same or similar name as that of the
Petitioner.
15. It is submitted that the Rule 3(2)(b) of the IT
Rules, 2021 empower the Petitioner to seek removal of
the content by submitting the information/URLs to the
intermediaries, who are obligated to remove such
content within 24 hours‖
9.
Vide Status Report dated 16.03.2022, this Court was apprised of the
fact that the accused Richesh Manav Singhal and one Shweta Chhabra had
been arrested after an investigation at their residence which lead to the
discovery of more than 83,000 explicit pictures, including that of the
Petitioner herein, on one of the laptops at their residence. It was further
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 11 of 88
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