Delhi HC Orders Google, Apple to Act Against Apps Promoting Pornography, Crime

New Delhi, May 13, KNT: The Delhi High Court on Wednesday directed Google and Apple to take strict action against mobile applications allegedly promoting pornography, prostitution and other illegal activities through their platforms, observing that such content cannot be allowed to “ruin the whole generation of the country.”

A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said intermediaries such as Google and Apple are obligated to exercise due diligence not only after receiving complaints but also at the stage when applications are uploaded on the Google Play Store and Apple App Store.

“Having regard to the reach of such applications, we are of the opinion that in terms of IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, the intermediaries have to play the most vital role not only on receiving any such complaint but also they have to exercise due diligence at the time of permitting such applications being uploaded through them,” the Court observed.

The Bench directed Google, Apple and the Indian Computer Emergency Response Team (CERT-In) to ensure that dissemination of such applications is immediately checked and that provisions of the 2021 IT Rules are implemented strictly.

“We expect that having regard to the averments made in the writ petition, Respondents 2 (Google), 3 (Apple), as also Respondent Number 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 letter and spirit,” the Court ordered.

The Court also asked Google, Apple and the Central government to submit an action taken report before the next hearing scheduled in July.

The directions came during hearing of a Public Interest Litigation (PIL) filed by petitioner Rubika Thapa, who alleged that several applications available on digital platforms were facilitating pornographic content, immoral trafficking, prostitution, substance abuse, illegal arms trade and organized crime.

Appearing for the petitioner, Advocate Tanmaya Mehta argued that such applications were generating millions of dollars through illegal activities.

Additional Solicitor General Chetan Sharma, appearing for the Central government, supported the petitioner’s submissions and told the Court that intermediaries have a crucial role in tackling the issue.

“This kind of menace should be curbed by judicial order so the intermediaries do something,” Sharma submitted before the Court.

The petition was argued by advocates Tanmaya Mehta, Lalit Valecha, Krati Sharma, Nikita Chhetri, Samriti and Siddharth Kamble on behalf of the petitioner. [KNT]