Strictly Check Dissemination Of Obscene Content Through Play Store Apps: Delhi High Court To Google, Apple

The Delhi High Court on Wednesday asked Google LLC and Apple Inc to take strict action to ensure that dissemination of obscene and pornographic content through mobile applications on their play-stores is immediately checked.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia said that the intermediaries not only have the responsibility to act when they receive any complaint but they also need to exercise due diligence while permitting applications displaying obscene and vulgar content at the time of getting uploaded.

The Court issued notice on a PIL filed by one Rubika Thapa raising concern about the alleged inaction of the authorities in curbing mobile applications promoting dissemination of obscene, vulgar and pornographic content on Google and Apple Play Stores.

She contends that such applications are further being used as platforms to facilitate grave criminal activities including immoral trafficking, prostitution, substance abuse, illegal arms trade, and organized crime such as extortion.

Advocate Tanmaya Mehta appearing for Thapa contented that the content of the applications is worse than pornographic material which is further being used for crimes like extortion and honey traps.

The counsel appearing for Google LLC said that a robust mechanism is available on the platform an that the impugned applications can be taken down on complaints.

The Court then remarked that it was not a question of Google LLC taking steps or not but that it has to take action against such applications.

ASG Chetan Sharma appeared for the Union Government and supported the contentions of the petitioner, while emphasising that intermediaries have to go a step forward to ensure that such content is not disseminated through applications on their playstores.

The Court observed that in terms of the IT Guidelines and Rules of 2021, the intermediaries have to play a vital role, “not only on receiving such complaints but also exercise due diligence while permitting such applications to be uploaded through them.”

“We expect that having regards to the averments made in the petition, the respondents no. 2 (Google LLC), 3 (Apple INC) and 4 (Indian Computer Emergency Response Team) shall act strictly to ensure that such dissemination of videos is immediately checked and the 2021 Rules are followed in their letter and spirit,” the Court ordered.

The Court listed the matter for hearing next on July 17, while asking the three respondents in question to file action taken report.

Some of the applications named in the PIL are Tango.Me, Pure, Chamet, Bolo ji, PyaarChat, Bling, StreamKar, LivHub, MuMu, Chato, Vibely, Fun Party, Hiiclub pro, Jalwa, Winku.

As per the plea, the primary content on the platforms involves extremely vulgar live streams featuring explicit nudity, designed to attract and retain users, in blatant violation of Sections 67, 67A, and 67B of the Information Technology Act, 2000, and various provisions of the Bharatiya Nyaya Sanhita, 2023.

It further adds that a majority of the entities in question do not originate from India, fail to disclose ownership or registered office details, and operate through servers located in foreign jurisdictions such as the United States of America, Turkey, Japan, Russia, and China, making them difficult to subject to Indian law.

“That the activities facilitated by these platforms, including organized extortion using deepfake technology and routing of illicit funds through international channels, pose a direct and potent threat to the national security, public order, and economic stability of India,” the plea states.

Counsel for Petitioner: Advocates Lalit Valecha, Tanmaya Mehta, Krati Sharma, Nikita Chhetri, Siddharth Kamble and Samriti.

Title: Rubika Thapa v. Union of India & Ors