Search Engines Like Google Not 'Publishers' Under Part III Of IT Rules, 2021: Centre Tells Delhi High Court

The Central Government has told the Delhi High Court that search engines like Google are not 'publishers' under Part III of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Section 2(s) of the Rules defines a publisher as a "publisher of news and current affairs content or a publisher of online curated content."

The Centre through Ministry of Information & Broadcasting has filed a counter affidavit in a plea filed by a CBSE official seeking removal of various links and news items published in the year 2017, regarding the alleged NET answer sheet scam case, after a closure report was filed by the CBI finding no criminal involvement of the officials.

"It is further submitted that various search engines like Google etc. are not publishers within the definition of 'publishers' under Part- III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and therefore are not administered under this part, administered by the answering respondent," the affidavit reads.

Seeking its deletion from the array of parties, it has been submitted that in place of Ministry of Information & Broadcasting, the petitioner should have made the Ministry of Electronics and Information Technology as the respondent as the matter fell within it's domain.

"That search engines like Google etc. come under the purview of Ministry of Electronics and Information Technology and are governed by the provisions of Information and Technology Act 2000 and Part II of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 notifed under this Act," the affidavit reads.

Further the Ministry of Information & Broadcasting has submitted that it is administratively concerned with the subject matter of content of digital news publishers and online curated content (OTT Platforms) falling under Part-III of the Rules which puts in place an institutional mechanism to regulate the content of news and current affairs on digital media, OTT platforms and digital media intermediaries.

In this backdrop, the affidavit reads:

"That it is submitted that the relief sought by the petitioner i.e. removal of certain news related to FIR NO. 2172017A0008 dated 23/05/2017 from various online platforms does not come within the domain of the answering Respondent."

The plea has been filed by Antriksh Johri, currently working as Director (IT & Projects) of CBSE, Ministry of Education, claiming that his reputation has severely been damaged due to the "irresponsible and inappropriate reporting". The plea has been moved through Advocates Anuja Saxena and Yogesh Bhardwaj.

It is the petitioner's case that after investigation in the concerned FIR, CBI had filed a Closure Report before the concerned court as it did not find any criminality or corruption against him or other officers. 

Pursuant to the aforesaid, the special judge vide Judgment dated 25/11/2019 accepted the Closure Report and agreed with CBI's observations that no case was made out against him.

It adds that every time the petitioner request the officials of Google India, they insist on getting an order in his favour and necessary directions for them for taking any steps.

Accordingly, apart from the prayer seeking removal of the links, the plea also prays for directions on the respondents to publish news regarding the judgment of 2019 wherein the Special Judge has accepted the closure report filed by CBI.

Case Title: Antriksh Johri v. Union of India & Ors