Lawstreet Journal

Delhi HC Issues Guidelines for Quick Removal of Offensive Content from the Internet [READ JUDGMENT]

Lawstreet Journal 23 Apr 2021 10:35pm

Image courtesy: Lawstreet Journal Judiciary Delhi HC Issues Guidelines for Quick Removal of Offensive Content from the Internet [READ JUDGMENT]

The Delhi High Court on Monday(April 19, 2021) laid down comprehensive guidelines to permanently remove offensive content from the internet.

The Single-Member Bench of the High Court comprising Justice Anup Jairam Bhambhani in its judgement made clear the gravity of the issue by stating that:

“The internet never sleeps and the internet never forgets!”

The matter came up before the court as a writ petition filed by a woman whose pictures shared on private social media pages were taken out of context and posted on porn websites with offensive captions. 

Though on preliminary hearing of the matter the court had granted injunctive relief to the victim for removal of the offensive content, the pictures were reposted on other websites by the unidentified miscreants. 

The High Court observed the need to ensure that court orders are effectively complied with and executed. The court observed that:

“The court cannot permit itself to resign to the cat-and-mouse game of errant parties evading court orders by re-posting offending content across the world-wide-web, in an act of defiance and contumacy.”

The Court appointed Dr Pavan Duggal, Advocate, who specialises in cyber-law and cyber-crime, as Amicus Curiae to assist the court in identifying technical difficulties in removing offensive content permanently from the internet and suggest possible solutions. 

The Amicus Curiae submitted a detailed report to the court elaborating the legal provisions on the subject and the judgements on similar cases in Indian and foreign courts. The Information Technology Act, 2000 Section 67 and 67A makes the publishing or transmitting of obscene material in electronic… Continue Reading...

Tagged: Delhi High Court  
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