Neutral Citation Number: 2023:DHC:2806 following exercise and analyse NCII abuse through the prism of the IT Act and the Rules thereunder, as well as to carve out the roles that intermediaries, more specifically search engines, play in not only its distribution, but in its prevention as well. NCII vis-à-vis the IT Act and the IT Rules 15. While NCII in itself has not been explicitly defined either in the IT Act or the Rules thereunder, Rule 3(2)(b) of the IT Rules, which lays down the grievance redressal mechanism that is to be followed by an intermediary, more or less defines NCII as any content which prima facie exposes the private area of any individual/shows such individual in full or partial nudity/shows or depicts such individual in any sexual act or conduct/is in the nature of impersonation in an electronic form, including artificially morphed images. The provision has been reproduced as under: ―3(2)(b). The intermediary shall, within twenty-four hours from the receipt of a complaint made by an individual or any person on his behalf under this subrule, in relation to any content which is prima facie in the nature of any material which exposes the private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content which is hosted, stored, published or transmitted by it.‖ (emphasis supplied) 16. However, the aforementioned definition does not mention the lack of consent in either producing the content or in dissemination of the content. Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 15 of 88

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières