Direction To Remove Non-Consensual Intimate Images: Delhi High Court Asks Microsoft, Google To File Review Before Single Judge

The Delhi High Court on Thursday asked Microsoft and Google to approach a single judge by filing review of its last year ruling directing them to automatically identify and remove “non-consensual intimate images” on the internet without insisting on specific URLs.

A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora was dealing with the appeals moved by Microsoft and Google against the ruling and said that it would be appropriate if a review is filed before the single judge.

“….this court is of the view that it will be appropriate if the appellants file a review and bring facts to the notice of the single judge,” the court said.

It added that in the event Microsoft and Google are aggrieved by the order of the single judge in review, they shall be at liberty to seek revival of their appeals.

“If review is filed within two weeks, the same may not be dismissed on the grounds of delay,” the bench said.

Senior Advocate Arvind Nigam appeared for Google whereas Senior Advocate Jayant Mehta represented Microsoft.

Both the senior counsels submitted that the directions passed by the single judge for the search engines are to adopt measures that are beyond their present capabilities.

Microsoft and Google were aggrieved about the direction that the intermediaries may assign cryptographic hashes or identifiers to the non-consensual intimate images and automatically identify and remove the same through a safe and secure process.

The single judge had said that the search engine cannot insist on requiring specific URLs from the victim for removing access to the content that has already been ordered to be taken down.

The counsels submitted that the impugned directions exceed the existing law and technology as the search engines operated by them lack the capacity to remove the content without URLs.

They emphasised that though the technology is in process of being developed, it is not perfect as of today.

The single judge had passed the directions in a plea moved by a woman, who was being blackmailed by a man, seeking directions on the Union Government to block websites operating as pornographic sites under pseudo names. 

The plea also sought specific directions to block her nude, sexually explicit or morphed photos appearing on the sites.

The single judge had directed that a trusted third-party encrypted platform may be developed by the Union Ministry in collaboration with various search engines under Rule 3(2)(c) of the IT Rules for registering the offending content or communication link by the user or victim.

The court had further said that fully-functioning helpline should be devised for reporting such content and that the individuals operating it must be sensitised about the nature of the content and must, under no circumstances, indulge in victim-blaming or victim-shaming.

Title: Microsoft, Google v. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 569