Veteran search engine company Google has filed a petition before the division bench of the court on Wednesday, June 2, to set aside the decision of the single bench of the Delhi High Court. Google told the high court that the single bench’s verdict on April 20 should be set aside as it is a search engine and therefore India’s information technology rules do not apply to it. A single bench of the Delhi High Court, hearing a case, had on April 20 ordered Google to remove the morphed image of a woman on the Internet from some porn websites within 24 hours of receiving the copy of the order.
According to the order of the court, if Google does not remove the objectionable material from all the sites across the world, then the relief given to it in the form of intermediary under section 79(1) of the IT Act will end. Apart from this, action will be taken against its officers under section 85 of the IT Act.
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Google expressed its inability to comply with the decision
In its petition before the Division Bench of the Delhi High Court, Google says that a single bench of the court has wrongly termed its search engine as a social intermediary while it is an aggregator. After this Google said in the petition that it can remove objectionable content in India but it is not possible to do so worldwide. Google told the court that it is only an aggregator and as per IT Rules 2021, social media intermediaries are platforms on which online interaction can be done and content can be created and uploaded on it.
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By July 25, the Division Bench invited responses from many sides
The Division Bench has not stayed the judgment pronounced on April 20 but has sent notices to the Centre, Delhi Government, Internet Service Providers Association of India, Facebook, pornographic site and the petitioner woman. The Division Bench has sought all these responses on Google’s petition by July 25. The woman had filed a petition in the Delhi High Court that by taking her pictures from Facebook and Instagram, criminal elements morphed her and posted her on some porn sites.
(Article: Indu Bhan)
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