Neutral Citation Number: 2023:DHC:2806
of the Court being frustrated and undermined. Despite the existence of a
legal framework governing the instant subject as well as the existence of the
automated tools required to prevent the reproduction of NCII content that is
ex facie illegal, this Court has taken judicial notice of the reluctance
exhibited by intermediaries and the actual state of affairs when it comes to
implementation of the law. This Court hopes that the directions and the
suggestions provided herein will be duly followed by the entities involved.
63.
This Court acknowledges the contribution of the learned Amicus
Curiae, Mr. Saurabh Kirpal, and is pleased to extend its immense gratitude
to him and his colleagues for their invaluable assistance and inputs on an
issue of this nature and bringing much needed clarity to the same. This
Court also acknowledges the contribution of Ms. Radhika Roy, Law
Researcher, for her research, assistance and inputs in the case.
64.
While there may be some issues that remain unaddressed, this Court
feels compelled to state that the IT Act and the IT Rules are comprehensive
and unambiguous in delineating the nature of obligations of intermediaries.
Thus, the concerned authorities and entities must, without fail, comply with
and implement the provisions stipulated thereunder. This Court, therefore,
grants liberty to the learned Amicus Curiae to move an appropriate
application in this regard, including any application for modification or
clarification of directions/suggestions given above.
65.
In view of the above observations and directions, the instant writ
petition is disposed of, along with pending application(s), if any.
SUBRAMONIUM PRASAD, J
APRIL 26, 2023/Rahul/RR
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 88 of 88
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