The Delhi High Court directed Google and Apple to take strict action against apps allegedly linked to pornography and prostitution, with the Bench observing it could not “permit the whole generation of the country to be ruined” by unchecked unlawful online content.
The Delhi High Court directed Google and Apple to take immediate and stringent steps against mobile applications allegedly linked to pornography, prostitution and other unlawful activities available through their platforms Google Play Store and Apple App Store.
Hearing the matter, a Division Bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia remarked that the Court could not allow such content to spread unchecked. The Bench stated that it could not “permit the whole generation of the country to be ruined”.
The judges underscored that intermediaries like Google and Apple have legal duties under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. In the Court’s view, their responsibilities do not begin only after complaints are submitted; platforms must also ensure due diligence when apps are uploaded and made available on their stores.
“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.
Following these observations, the High Court ordered Google, Apple and the Indian Computer Emergency Response Team (CERT-In) to ensure the spread of such applications and associated videos is immediately stopped. The Bench directed that the 2021 IT Rules be implemented effectively “in letter and spirit”.
The Bench ordered,
“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 also directed Google, Apple and the Central government to file an action taken report by the next date of hearing, which is scheduled for July.
The directions were issued in a public interest litigation (PIL) filed by Rubika Thapa. In the petition, she alleged that multiple applications available on Google Play Store and Apple App Store are facilitating pornographic material, immoral trafficking, prostitution, substance abuse, illegal arms trade and organised criminal activities.
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While arguing for the petitioner, Advocate Tanmaya Mehta submitted that the alleged criminal activities connected to such applications were reportedly generating millions of dollars.
Appearing for the Central government, Additional Solicitor General Chetan Sharma supported the petitioner’s submissions and emphasised the need for strict regulatory action against the alleged offenders.
He highlighted that intermediaries play a crucial role in controlling such content, noting that the government alone cannot monitor and block every unlawful platform operating globally.
ASG Sharma submitted before the Court,
“This kind of menace should be curbed by judicial order so the intermediaries do something,”
In addition to Tanmaya Mehta, Advocates Lalit Valecha, Krati Sharma, Nikita Chhetri, Samriti and Siddharth Kamble also appeared for the petitioner.
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