Neutral Citation Number: 2023:DHC:2806 In cases like these, the Court must appreciate that the matter is not adversarial in nature with no right or wrong, and the directions/guidelines are not such that there is an element of impossibility in its implementation, thereby frustrating the entire exercise; the aim of this exercise is to ensure that the victim of NCII dissemination does not have to undergo any further distress. Any solution that is provided must be deliberate and proportional, and should not be akin to a remedy that is worse than the disease. This Court cannot burn the house to roast the pig [Refer to decision of Supreme Court of United States in Reno v. American Civil Liberties Union, 521 US 244]. 40. As has been discussed above, intermediaries are granted protection and are not amenable to the principle of secondary liability on account of Section 79 of the IT Act. The principle of secondary liability denotes the legal responsibility that must be discharged by an entity for the actions of another. Section 79 exempts an intermediary from incurring this liability, and the rationale behind the same is that the fundamental rights of the users and the free flow of information on the internet must remain intact. However, once an intermediary, upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that an unlawful act is being committed by way of any information, data or communication link residing in or connected to a computer resource controlled by the intermediary, fails to remove or disable access to the said material, then Section 79(1) shall not apply. It is only under these exceptional circumstances that the principle of secondary liability is activated, and, despite NCII abuse being perpetuated by a third-party user and causing harm to a stranger, the intermediary becomes liable for the conduct of the thirdparty user. Further, the IT Rules also devise a mechanism for the user/victim to directly approach intermediaries for removal of NCII content without Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 64 of 88