Delhi HC seeks action from Google, Apple on PIL alleging obscene, illegal content on mobile apps, issues notice

New Delhi [India], May 13 : The Delhi High Court on Wednesday issued notice on a public interest litigation alleging that several mobile applications available on the Google Play Store and Apple App Store are being used to circulate obscene and pornographic content and facilitate other alleged illegal activities.

A Division Bench of Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed Google LLC, Apple Inc. and the concerned authorities to take appropriate action and file an action taken report before the next hearing in July.

The Court observed that intermediaries operating app stores have an important responsibility under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It said such platforms are required to exercise due diligence not only after receiving complaints but also while allowing applications to be uploaded on their stores.

The Bench further directed that the dissemination of such alleged objectionable content through mobile applications be immediately checked and that the IT Rules, 2021, be followed strictly.

The PIL has been filed by Rubika Thapa, a public-spirited citizen, claiming that various applications available on digital platforms are allegedly promoting obscene, vulgar and pornographic content. The petition further alleges that some of these applications are being used for alleged immoral trafficking, prostitution, substance abuse, illegal arms trade and organised criminal activities, including extortion.

According to the plea, several applications are allegedly operating under the guise of social networking and live-streaming platforms while displaying explicit content in alleged violation of provisions of the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023.

The petition also alleges that many of these entities are based outside India and allegedly operate through servers located in countries including the United States, Turkey, Japan, Russia and China, making enforcement of Indian laws difficult.

It has further been alleged that the platforms have failed to comply with Rule 4 of the IT Rules, 2021, which requires the appointment of compliance officers and grievance officers in India.

The plea states that such alleged activities, including alleged extortion through deepfake technology and alleged routing of illicit funds through international channels, pose a threat to public order, national security and economic stability.

Advocate Tanmaya Mehta, along with Advocates Lalit Valecha, Krati Sharma, Nikita Chhetri, Samriti and Siddharth Kamble from M/s EVISION LEGAL SOLUTION LLP, appeared for the petitioner.

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