Delhi HC Asks Centre, Cyber Cell, Google To Take Steps For Removing Links Carrying Objectionable Photos, Videos Of Woman From Internet

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

Justice Subramonium Prasad was dealing with a petition 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.

"It is made clear that this is not an adversarial litigation and it is expected that Ms. Mamta Jha, learned counsel appearing for respondent No.3/Google LLC and respondent No.5/YouTube and Mr. Anurag Ahluwalia, learned counsel for the Union of India and the Cyber Cell of Delhi Police to take necessary steps to remove the sites and links, carrying objectionable photos and videos of the petitioner, from the internet before the next date of hearing," the Court ordered.

During the course of hearing, the Centre submitted that it will take necessary steps for removal of the sites and links from the internet carrying objectionable photographs and videos of the petitioner woman.

In view of this, two weeks time was granted by the Court to the Centre for filing affidavit in the matter.

Moreover, for the purpose of expediting the process of removing the links and sites from the internet, the Court impleaded Delhi Police Cyber Cell in the array of parties. 

"Let the Delhi Police through Cyber Cell be impleaded in the array of parties before the next date of hearing. Ms. Richa Kapoor, learned ASC for the State, accepts Notice for the Cyber Cell," Court added.

The Court also impleaded the accused in the array of parties and directed the SHO concerned to serve notice upon him.

The matter will now be heard on September 16.

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

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