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

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