Google now takes the fight in court in India – Here’s why

Google may have respected the new IT rules in India, which came into effect last month. But he now told the High Court of Delhi that the new guidelines did not apply.

Just to clarify, this Claim of Google came in a different case and quite unlike whatsapp, the search engine giant does not dispute the government. But he has just filled a call in a case in which he has been classified as “intermediary social media”. The Google Convention is only a search engine.

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What is the case?

A woman had approached the court claiming that her photographs and images, but not in themselves obscene or offensive, were extracted from her Facebook and Instagram accounts without her consent and downloaded on a pornographic website with suggestive legends. The court ordered the removal of photos, but as it happens these days, the photographs could not be completely removed in its entirety from the Internet. Offensive photos have been republished in other sites.

It is here that the Court is considered the Google search engine to be an intermediary and stated that it had to “endeavor to use proactive monitoring using automated tools, identifying and deleting or disable access to any content that is perfectly identical to the incriminated content. It is the subject of the court order. “

“If the intermediary does not respect these conditions, it was required to lose its exemption privilege under the Information Technology Act (IT),” the Tribunal said.

Responding to the judgment of the Court, Google has published a statement, saying, “The search engines reflect the content and information available on the Internet. And while we maintain a coherent policy on the removal of the unpleasant content of the research results, the Delhi High High the court order has expressed certain obligations that are running the search for Google as an intermediary of social media. “

Google’s call

Google, in its call yesterday, said that the court order had confused various sections of the IT Act and the separate rules prescribed below. The Court has adopted model orders combining all these offenses and provisions such as the Act, Google said.

He added that the function of a search engine was “analysis and indexing existing information as available or published or hosted by independent third-party websites”.

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