Today(on 8th May),Microsoft and Google contest Delhi High Court’s order to remove non-consensual intimate images without specific URLs, igniting debates on tech firms’ responsibilities.
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NEW DELHI: Today(on 8th May), Tech giants Microsoft and Google have approached the Delhi High Court, challenging a directive mandating search engines to proactively remove non-consensual intimate images (NCII) from the internet without requiring specific URLs. This legal dispute highlights the ongoing discussion surrounding the roles and obligations of tech firms in addressing harmful online content.
During a hearing before a Division Bench consisting of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, representatives from Microsoft articulated their inability to comply with the order, initially issued by Justice Subramonium Prasad on April 26, 2023.
Microsoft’s counsel, Senior Advocate Jayant Mehta, argued that the technology required to fulfill such an order does not exist within their current capabilities, and that the directive exceeds the bounds of the current legal framework.
Mehta expressed Microsoft’s position clearly, stating-
“I’m sorry, but we’re unable to comply. As Bing, considering the current technological limitations, it’s not feasible for us to fulfill this request. The instructions provided by the single judge exceed the boundaries of our regulatory framework. While we can remove content if specific URLs are provided, the directive to actively search for and remove an image across the entire database is beyond our capabilities.”
This statement highlights the technical and operational challenges faced by Microsoft’s search engine, Bing, which unlike social media platforms, does not host content itself.
Furthermore, Mehta highlighted the limitations of artificial intelligence in this context, emphasizing that-
“Even Artificial Intelligence (AI) cannot execute these instructions, as it would be challenging for AI tools to differentiate between consensual and non-consensual images.”
Google has also filed an appeal against the judgment and is expected to present similar arguments. The court has scheduled to consider both Microsoft’s and Google’s appeals collectively on the upcoming Thursday, May 9.
Justice Prasad emphasized in his comprehensive ruling that social media intermediaries risk losing their liability protection if they fail to adhere strictly to the prescribed timelines outlined in the Information Technology Rules for removing Non-Consensual Intimate Imagery (NCII) content. He firmly asserted that search engines cannot claim helplessness in this regard, highlighting that technology does indeed exist to remove such content without the need for repeated court interventions.
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CASE TITLE:
Microsoft Corporation v. Union of India & Ors.
