The single judge's decision had come while dealing with a
matter in which a woman's photographs were uploaded on a pornographic website
by some miscreants and despite court orders the content could not be removed in
entirety from the World Wide Web and "errant parties merrily
continued" to re-post and redirect the same to other sites.
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 July 25.
The court also said that it was not going to issue any
interim order at this stage.
Google has contended that the single judge, in his April 20
judgement, "mischaracterised" its search engine as a 'social media
intermediary' or 'significant social media intermediary' as provided under the
new rules.
"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," it has said in its appeal against the
April 20 judgement.