Take Down URLs Or Posts Containing Sexually Explicit Video Of Judicial Officer: Delhi High Court To Social Media Platforms

The Delhi High Court on Wednesday asked the social media platforms, including WhatsApp and Google, to take down URLs or posts relating to a video, showing a judicial officer in a compromising position, if not already removed in terms of the interim restraining order passed earlier.

Justice Yashwant Varma was hearing a suit seeking permanent injunction to restrain the social media platforms from publishing or sharing the video in question. It is not known who filed the suit as the court has allowed a prayer to mask the identity of the plaintiff.

On November 30, 2022, the court had directed the defendants to take all permissible steps to ensure that "the further sharing, distribution, forwarding or posting of the offending video" is restrained forthwith. It had also asked the Centre to ensure that all further steps as warranted in terms of the communication of the Registrar General dated 29 November 2022 are taken.

Disposing of the suit today, the court said that if the plaintiff brings to the notice of intermediaries any remaining URLs relating to the video, such a request may be independently examined by social media platforms.

The court directed the social media platforms to take steps in terms of the interim injunction order for removal of the remaining URLs, if plaintiff’s request is found to be forming part of subject matter of the suit. It also ordered that the plaintiff will be entitled for refund of court fees.

During the hearing, the counsel appearing for the plaintiff submitted that after the interim injunction order, the defendants were taking remedial steps regarding removal of the offending video.

The relief of damages was not claimed or pressed further and the counsel made a prayer for disposal of suit in terms of the interim order.

On the other hand, the counsel appearing for defendant intermediaries opposed the suit being decreed in terms of the interim order by stating that it would place them under a “continuing obligation” to attend to the issues that may arise.

The Registrar General had earlier asked the authorities to take appropriate action for blocking of the said video over all ISPs, messaging platforms as also social media platforms.

While ordering takedown of the video, the court had said: "Bearing in mind the sexually explicit nature of the contents of that video and taking into consideration the imminent, grave and irreparable harm that is likely to be caused to the privacy rights of the plaintiff an ad interim ex parte injunction is clearly warranted."

It had also observed that the provisions under Section 354C of IPC as well as section 67A of the Information and Technology Act "would appear to be violated" in case further circulation, sharing and distribution of the video were to be permitted.

Title: AX v. GOOGLE LLC & ORS.

Citation: 2023 LiveLaw (Del) 128

Click Here To Read Order