censorship of content uploaded on YouTube before it is uploaded, but
that, in view of the more stringent nature of the responsibility of the
intermediary in the amended 2022 Intermediary Guidelines Rules, that
the intermediary should, immediately on being informed of content
which falls within the categories of contents, envisage in the said
Rule, proceed to take it down, without any lapse of time.
12.
The Court would examine this aspect of the matter on the next
date of hearing.
13.
However, Defendant 10 Google LLC is directed, in its response
to this plaint, as well as in its response to IA 7429/2023, to set out in
detail its policy, so as to ensure that it remains in compliance with
Rule 3(1)(b) of the 2021 Intermediary Guidelines Rules (as amended)
as also whether, after the amendment of the said rules, which took
place as far back in October 2022, Defendant 10 has effected any
change in its policy so as to bring it in line with the amendments
effected thereby.
14.
The Court may have to examine whether the existing policy of
Defendant 10 is sufficient to ensure compliance with the amended
Rule 3(1)(b) of the 2021 Intermediary Guidelines Rules, as in its very
character as an intermediary, Defendant 10 is duty bound, in law, to
ensure strict compliance with the entire statutory regime relating to
intermediaries by which it is governed, which would include the 2021
Intermediary Guidelines Rules as amended in October 2022.
15.
For the present, therefore, the let the plaint be registered as a
suit. Issue summons in the suit. Summons are accepted on behalf of
Defendant
Signature Not Verified
Digitally Signed By:SUNIL
SINGH NEGI
CS(COMM)
Signing Date:21.04.2023
08:06:01
10 by Ms. Mamta Rani Jha. Let summons issue to the
230/2023
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