Neutral Citation Number: 2023:DHC:2806
Media Ethics Code) Rules, 2021 (hereinafter referred to as the “IT Rules”).
It notes that the IT Rules not only focus on the enhanced safety of women
and children, but that it also provides for statutory timelines for grievance
redressal and content takedown. The Short Affidavit, thereafter, goes on to
note that the prayer of the Petitioner seeking delinking/de-tagging/dereferencing/de-indexing the name of the Petitioner would adversely affect
the freedom of speech and expression of other individuals having the same
name as the Petitioner or a similar name. The paragraphs of the Short
Affidavit stating the aforesaid are as follows:
―5. It is submitted that the Ministry of Electronics
and Information Technology (hereinafter referred to as
"MEITY") is the custodian of the Information
Technology Act, 2000 (hereinafter referred to as "IT
Act, 2000") and Rules framed thereunder.
6.
It is submitted that the IT Act, 2000 contains
provisions under Sections 66E, 67 and 67A, under
Chapter XI thereof for violation of bodily privacy,
publishing or transmitting obscene material and
publishing or transmitting sexually explicit material in
electronic form respectively. It is further submitted that
Section 67B of the IT Act, 2000 provides for punishing
the publishing or transmitting of material depicting
children in sexually explicit act in electronic form.
7.
It is submitted that Section 79 of the IT Act,
2000 contains safe harbor provisions for
intermediaries as defined under Section 2(1)(w)
thereof. It is further submitted that the intermediaries
must inter alia observe due diligence guidelines as
prescribed by the Central Government to ensure
exemption from liability. It is further submitted that to
ensure open, safe, trusted and accountable Internet, the
answering Respondent has notified the Information
Technology (Intermediary Guidelines and Digital
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 8 of 88
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