notified by the Central Government‖, and the threshold stands notified, vide Notification S.O. 942(E) dated 25th February 2021 issued by the Ministry of Electronics and Information Technology as 50 lakhs. By any standards, therefore, YouTube, or Google LLC, is a ―significant social media intermediary‖, and Rule 4(4) of the Intermediary Guidelines Rules, prima facie, applies to it. 10. Mr. Dayan Krishnan points out that, while in its pre-amended avatar, the 2021 Intermediary Guidelines Rules only requires the intermediary to call upon its user to draw up an agreement undertaking not to post the excepted categories of contents, the amended 2021 Intermediary Guidelines Rules further requires the intermediary to ―make reasonable efforts to cause the user of its computer resource not to host, display, upload, modify, publish, transmit, store, update or share‖ any such information. The words ―and shall make reasonable efforts to cause the user of its computer resource‖ have been introduced by the 2022 Amendment Rules. As such, he submits that the intermediary can no longer claim to be a mere passive spectator regarding the information which is uploaded on its platform, but is required to be more proactive in nature. The intermediary, in order to be in conformity with the amended 2021 Intermediary Guidelines Rules, is also required to make reasonable efforts to cause the user of its computer resource, i.e. in the case of a video clip posted on the YouTube, the person who posts the clip, not to host, display or upload any of the excepted categories of information. 11. Ms. Mamta Rani Jha, at this stage, submits that the words ―reasonable effort‖ has to be interpreted in terms of Section 79 of the Information Technology Act, 2000 (―the IT Act‖). Krishnan, Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) Signing Date:21.04.2023 08:06:01 Mr. Dayan in response, submits that the plaintiffs are not seeking 230/2023 Page 6 of 15

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