Neutral Citation Number: 2023:DHC:2806
d.
Reliance upon Sabu Mathew George v. Union of India (supra)
is misplaced as the directions therein were rendered to “Google Ads”
which is completely different from Google Search. Furthermore,
directions were rendered for constitution of a Nodal Agency to
report the content to the intermediaries who were then obligated to
act upon the same. Even Order dated 13.04.2017 in the said matter
observes that there ought to be no curtailment of access to
information and knowledge, and that a balance has to be struck.
Moreover, other Judgements of the Supreme Court, such as
Anuradha Bhasin v. Union of India, (2020) 3 SCC 637, have
categorically observed that any direction that restricts speech over
the internet has to be proportionate and the least restrictive measure
needs to be employed.
e.
The IT Rules provide for a specific grievance redressal
mechanism for reporting prima facie sexually explicit content under
Rule 3(2). Rule 3(2)(c) clarifies that the mechanism for receipt of
complaints requires provision of details qua specific communication
links. Thus, directing the intermediaries to proactively filter and
remove content is outside the purview of the IT Rules and entails
casting of additional or exceptional onus on the intermediaries. The
difference in obligations of an intermediary, which is what a search
engine is, and a significant social media intermediary (SSMI) whose
duties are enumerated under Rule 4 demonstrates that absence of
proactive filtering on the part of an intermediary was a welldeliberated decision taken by the Legislature. Even Rule 4 does not
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 50 of 88
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