Act against apps spreading obscene content: Delhi HC tells Google &Apple
New Delhi, May 14 -- The Delhi High Court on Wednesday asked Google and Apple to act against mobile applications available on the Google Play Store and App Store involved in the dissemination of obscene and pornographic content, observing that it cannot permit an entire generation of the country to be ruined.
A bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia observed that intermediaries such as Google and Apple are obligated to act against such applications not only after they are flagged, but also at the stage when they are uploaded on their respective app stores. It directed Google and Apple to ensure that dissemination of such applications is immediately checked and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 are followed.
"Having regards to the reach of such applications, we are of the opinion that in terms of the 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 have to exercise due diligence at the time of permitting such applications to be uploaded through them," the court said in its order. It added, "We expect that having regards to the avernments made in the writ petition itself, respondents 2 (Google), 3 (Apple) and also 4 (Indian Computer Emergency Response Team) shall act strictly to ensure that dissemination of such videos is immediately checked and the 2021 Rules are followed in letter and spirit. By the next date, the action taken report in terms of the order shall also be filed."
The court passed the order while issuing notice on a petition filed by Rubika Thapa, who alleged inaction on the part of Google and Apple in curbing the menace of certain mobile applications. In her petition, Thapa urged the court to direct them to remove the apps adding that a majority of these do not originate from India, fail to disclose ownership or registered office details, and operate through servers located in foreign jurisdictions, making them difficult to subject to Indian law.
The petition will now be heard on July 17....
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