Neutral Citation Number: 2023:DHC:2806
i.
On approaching the Court for a takedown order in a matter
involving NCII content, the Petitioner must, along with the petition,
file an affidavit in a sealed cover identifying the specific audio,
visual images and key words that are being complained against, in
addition to the allegedly offending URLs for ex facie determination
of their illegality.
ii.
The Grievance Officer, as defined under Rule 2(1)(k), who is
appointed by the intermediary for receiving complaints of the
users/victims must be appropriately sensitised. The definition of
NCII abuse must be interpreted liberally by the intermediaries to
include sexual content obtained without consent and in violation of
an individual’s privacy as well as sexual content obtained and
intended for a private and confidential relationships.
iii.
The “Online Cybercrime Reporting Portal”, which is a central
platform available on cybercrime.gov.in, must have a status tracker
for the complainant, commencing from filing of a formal complaint
to the removal of the offending content. The portal must specifically
display the various redressal mechanisms that can be accessed by the
victim in cases of NCII dissemination. This display should be in all
languages specified in the Eighth Schedule. The cybercrime.gov.in
website, along with every other website of Delhi Police, should also
notably display the contact details/address of each District Cyber
Police Station present in the National Capital Territory of Delhi.
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 84 of 88
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