Google says new IT rules not applicable to search engines: Reports

Google contended that the single judge 'mischaracterised' its search engine as a 'social media intermediary' or 'significant social media intermediary' as provided under new IT rules

e4m by exchange4media Staff
Updated: Jun 2, 2021 3:01 PM

Google told Delhi High Court that India’s IT rules are not applicable to its search engines. The tech company further contended that the court, in its April 20 order, has ‘mischaracterised’ its search engine as a 'social media intermediary' or 'significant social media intermediary' as provided under the new intermediary rules.

It has appealed to the court to set aside a single-judge order that applied the norms on the company while dealing with an issue related to the removal of offending content from the internet, according to the reports.

The decision by single judge had come post a woman's photographs were uploaded on a pornographic website and the content could not be removed from World Wide Web despite court orders.

Google stated that, "The single judge has misinterpreted and misapplied the New Rules 2021 to the appellant's search engine. Additionally, the single judge has conflated various sections of the IT Act and separate rules prescribed thereunder, and has passed template orders combining all such offences and provisions, which is bad in law.”

In view of this, a bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice to the Centre, Delhi government, Internet Service Providers Association of India, Facebook, the pornographic site and the woman, on whose plea the single judge's ruling had come, and sought their responses to Google's plea by 25 July.

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