Delhi High Court tells Google and Apple to act against apps accused of spreading obscene content
The Facts
- The Delhi High Court directed Google and Apple to act against mobile applications on their app stores that are alleged to disseminate obscene or pornographic content.
- The bench hearing the matter comprised Chief Justice D.K. Upadhyaya and Justice Tejas Karia.
- The court said intermediaries such as Google and Apple must exercise due diligence not only after receiving complaints but also when apps are uploaded to their platforms.
- The case arose from a public interest litigation filed by Rubika Thapa concerning apps hosted on Google Play Store and Apple App Store.
- The court referred to obligations under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 while addressing the responsibilities of app-store intermediaries.
- The court also asked the Centre's Indian Computer Emergency Response Team (CERT-In) to check the dissemination of the content in question.
- Google, Apple and relevant authorities were asked to take action and submit action-taken reports before the next hearing in July.
How left and right are reading this
- Both agree
- App stores are being treated as active gatekeepers with real duties under the 2021 IT Rules to stop allegedly obscene content from circulating, not merely as passive intermediaries waiting to react after complaints.
- They split on
- Less a disagreement than a question of emphasis: preventing harmful material before it spreads through stronger gatekeeping, versus enforcing the responsibilities already on the books through action orders and documented compliance.
Context
What was the court hearing about?
The court was hearing a PIL filed by Rubika Thapa alleging that some apps available on the Google Play Store and Apple App Store were being used to circulate obscene and pornographic content, along with other alleged illegal activities in some reports Hindustan Times,Asian News Internat…,Statesman.
What did the court say about Google and Apple's responsibilities?
The bench said app-store intermediaries have a duty under the IT Rules, 2021 to act proactively, meaning they should not wait only for user complaints but should also apply due diligence when allowing apps to be uploaded and listed Hindustan Times,Hindustan Times,LatestLY.
What happens next in the case?
The court asked Google, Apple and concerned authorities to take appropriate action and file action-taken reports before the next hearing, which multiple reports said is scheduled for July Business Standard,Republic World,Asian News Internat….
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