Neutral Citation Number: 2023:DHC:2806
for such duration and in such manner and format
as the Central Government may prescribe.
(2) any intermediary who intentionally or
knowingly contravenes the provisions of subsection (1) shall be punished with an
imprisonment for a term which may extend to
three years and also be liable to fine.]‖
Role of intermediaries in removal of NCII vis-à-vis IT Act and IT Rules
19.
NCII’s presence on the internet can be traced to “originators” who are
responsible for uploading and publishing the content, and NCII’s spread and
its continued existence on the internet can be attributed to “intermediaries”
that facilitate its flow and provide other users access to it. Before venturing
into the role that intermediaries play in removal of offending content from
the internet, it is imperative to reproduce the relevant provisions from the IT
Act and the IT Rules for ease of comprehension.
20.
Section 2(1)(o) of the IT Act defines “data” to mean information
processed in a computer system or network in any form, including media.
Section 2(1)(v) of the IT Act defines “information” to include data, message,
text, images, sound, voice, codes, computer programmes, software and data
bases or micro film or computer generated micro fiche, and Section 2(1)(w)
of the IT Act defines “intermediary”, with respect to any particular
electronic records, to mean any person who on behalf of another person
receives, stores or transmits that record or provides any service with respect
to that record and includes telecom service providers, network service
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 20 of 88
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières