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Delhi High Court Appoints Sr. Adv. Saurabh Kirpal As Amicus Curiae In Plea Seeking Removal Of Links, Objectionable Posts, Videos Of Woman From Internet

Nupur Thapliyal
12 Oct 2021 5:35 AM GMT
Delhi High Court Appoints Sr. Adv. Saurabh Kirpal As Amicus Curiae In Plea Seeking Removal Of Links, Objectionable Posts, Videos Of Woman From Internet
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The Delhi High Court has appointed Senior Advocate Saurabh Kirpal as amicus curiae in the plea filed by a woman seeking directions on the Centre to block websites operating as pornographic sites under pseudo names. The plea also sought specific directions on the respondents to block any nude, sexually explicit or morphed photos of the woman appearing on their sites.Justice Subramonium...

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The Delhi High Court has appointed Senior Advocate Saurabh Kirpal as amicus curiae in the plea filed by a woman seeking directions on the Centre to block websites operating as pornographic sites under pseudo names. 

The plea also sought specific directions on the respondents to block any nude, sexually explicit or morphed photos of the woman appearing on their sites.

Justice Subramonium Prasad ordered thus:

"Mr. Saurabh Kirpal, learned Senior Advocate, is appointed as Amicus Curiae, to assist the Court in this case. Let a complete paper book be supplied to Mr. Saurabh Kirpal, learned Senior Advocate by the learned counsel for the petitioner."

The Court had earlier asked the Centre, Google, YouTube and Delhi Police Cyber Cell to take steps for removing links or sites carrying objectionable photos and videos of the woman from the internet.

During the course of hearing, counsel appearing for Google submitted that all offending materials, which were notified and available on the YouTube against the woman, had been removed and no fresh content was uploaded on the websites. 

The counsel for the petitioner however submitted that there were only five links which were active. 

Accordingly, the Court directed the petitioner counsel to implead the five entities.

On the other hand, Centre submitted that a direction be given to the petitioner to provide the correct URLs so that the Union of India can take action to remove the offending and objectionable materials from the internet.

The matter will now be heard on November 8.

The High Court had earlier this year held that photographs taken from Facebook and Instagram accounts uploaded on pornographic website without the consent of such person amounts to an offence under sec. 67 of the IT Act and that such an act, even if the photographs are not in itself obscene of offensive, without the consent of the party would amount to breach of person's privacy.

The Court also held that for an order directing the removal or access disablement of offending content to be effective even within India, a search engine must block the search results throughout the world since no purpose would be served by issuing such an order if it has no realistic prospect of preventing irreparable harm to a litigant.

Title: MRS X v. UNION OF INDIA AND ORS

Click Here To Read Order

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