The Delhi High Court on Wednesday asked Google and Apple to take action against mobile apps available on Google Play Store and Apple App Store that are involved in spreading obscene and pornographic content, stating that they “cannot allow an entire generation of the country to be destroyed”.
A bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia observed that intermediaries like Google and Apple are bound to act against such apps, not only after they are flagged, but also at the stage when they are uploaded on their app stores.
It has directed Google and Apple to ensure that the deployment of such apps is immediately checked and follows the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
“We cannot allow an entire generation to be destroyed in this country. We understand the right to all kinds of freedom under Article 19(1)(g) but that does not mean that we are allowing our entire generation… With regard to the access of such applications, we are of the view that in terms of the Information Technology (Intermediaries Guidelines and Code of Digital Media Ethics) Rules, 2021, intermediaries must play the most vital role in not only receiving any such complaint but must also exercise duty of care at the time of allowing downloading,” the court said. Such requests are through it.”
It added, “We expect that with respect to the assertions made in the written petition itself, Respondents 2 (Google), Respondent 3 (Apple) as well as Respondent 4 (Indian Computer Emergency Response Team) should act stringently to ensure that the publication of such videos is immediately examined and the 2021 Rules are followed in letter and spirit. By the next date, the Action Taken Report in relation to the matter will also be submitted.”
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The court also issued notice on the petition filed by Rupika Thapa, who alleged failure by Google and Apple to curb the menace of certain mobile applications that allegedly promote and disseminate obscene, vulgar and pornographic content.
In her plea, Thapa urged the court to direct Google and Apple to remove apps that assert that a majority of these entities do not originate from India, fail to disclose ownership or registered office details, and operate through servers located in foreign jurisdictions such as the US, Turkey, Japan, Russia and China, making it difficult to bring them under Indian law.
The petition also alleged that “significant social media intermediaries” blatantly failed to fulfill their due diligence obligations under the IT Rules, 2021.
These platforms not only host such apps but also actively promote them, thereby becoming constructively complicit in the allegedly illegal activities and exposing a large and vulnerable section of the Indian population, especially youth and teenagers, to morally and psychologically harmful content, it alleged.
Thapa’s lawyer Tanmoya Mehta stated that these orders were earning millions of dollars through such alleged criminal activity.
Additional Solicitor General Chetan Sharma, appearing for the Centre, supported the petitioner’s claim and said strict action should be taken against such applications. He also stressed that mediators have an important role in addressing this issue, as governments alone cannot go around the world obstructing everything.
The petition is scheduled to be heard on July 17.
