A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia said in the present legal framework, the social media intermediaries have to play the “most vital role” and they should act against the dissemination of pornographic content not only upon receiving a complaint but even at the time of uploading by exercising due diligence.
It also asked the Centre’s Indian Computer Emergency Response Team to check the dissemination of such content.
The court was hearing a PIL by Rubika Thapa against the hosting of mobile applications offering vulgar and pornographic content on platforms run by Google and Apple.
“We can’t permit a whole generation of the country to be ruined. We understand all kinds of freedom under Article 19 (of the Constitution) but that does not mean that we allow (dissemination of vulgar content),” the court orally remarked.
“We expect that having regard to the averments in the writ petition, respondents no. 2, 3 and 4 (Google LLC, Apple Inc., and Indian Computer Emergency Response Team) shall act strictly to ensure that such dissemination of videos is immediately checked and 2021 IT Rules are followed in letter and spirit,” the court ordered.
The court also issued notice to the central government, Google LLC, Apple, and CERT-In on the PIL and sought an action-taken report from the platforms.The counsel for the petitioner, advocate Tanmaya Mehta, highlighted that the offending mobile applications were easily available to children and were earning millions of dollars through their operation.
He further argued that the applications were also being used as a tool for blackmail and honey-trapping.
Additional Solicitor General Chetan Sharma said the menace has to be curbed and called for more accountability from the online platforms.
The petitioner, in the PIL, stated that several mobile applications that do not originate in India were hosting extremely “vulgar live streams” with the intent to attract and retain users, in blatant violation of the Information Technology Act, 2000, and various provisions of the Bharatiya Nyaya Sanhita.
The plea, filed through advocate Lalit Valecha, added that Google and Apple were ‘Significant Social Media Intermediaries’ and have grossly failed in their due diligence obligations under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
“They not only host but actively promote these applications, thereby becoming constructively complicit in the illegal activities and exposing a vast and vulnerable section of the Indian population, especially the youth and adolescents, to morally and psychologically damaging content,” the plea contended.
The matter would be heard next on July 17.
