Mrs. X V. Union Of India
Petitioner sought blocking of websites exhibiting intimate images / Non-Consensual Intimate Images (NCII) by various intermediaries, including search engines. In the facts of this case, the petition had become infructuous, but the Court decided the matter to protect the interest of the victims like the Petitioner.
Court has held that search engines have a social responsibility to be proactive in de- indexing the links containing illegal (NCII) content when brought to its knowledge. It is untenable that the user/victim must approach the intermediary every single time the content is duplicated. Noting that technology tools already exist to achieve this purpose, the Court noted that intermediaries that do not remove content within the stipulated timeline cannot invoke the immunity under s. 79.
“The timeframe as stipulated under Rule 3 of the IT Rules must be strictly followed without any exceptions.”
Court has made extensive directions and recommendations to the MEITY and Delhi Police to ensure cases pertaining to NCII are dealt with in a manner that minimizes the trauma to victims. It has held that the intermediaries have a pro-active obligation when dealing with NCII.
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