The Delhi High Court On Tuesday Issued guidelines to be followed by Courts while dealing the case related to the removal of objectionable Content from the internet and to assure access to such offensive material is restricted at the earliest and it is not to be re-posted anywhere held by others. Such an act amounts to an offense under the Information Technology (IT) act.
The guidelines or templates of direction were issued by Justice A.J. Bhambhani within a matter which relates to the woman’s photograph on a pornographic website without the consent of the woman, and the Said offense is punishable under Section 67 of the Information Technology Act. The Section-67 of IT act Deals with, “Punishment For Publishing or transmitting obscene material in electronic form.”
The Court also directed the police to make ensure that the offending content should be removed from all the Search engines, like Google, Yahoo, and Bing, ‘To Globally De-Index or De-Reference the offending Content from their search engine.
It said for an order directing the removal or access the disablement of offending content to be effective within the territory of India. A Search engine must block the search result throughout the world since no purpose would be served by taking down such an order.
The guidelines or templates should be issued to the law enforcement agencies to obtain, within 72 hours, from the concerned websites all information and associates records, relating to the offending content.
In the instant case, it said that posting or sharing of photographs in a pornographic site prima facia amounted to an offense under the IT Act and directed the petitioner to furnish in writing to the investigating police officer and all the available information relating to the offending content within 24 hrs of receiving the instant judgment.