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Delhi High Court Issues Notice on Mobile Apps Promoting Obscene Content

The Delhi High Court has responded to a public interest litigation alleging that various mobile applications on Google Play Store and Apple App Store are promoting obscene and illegal activities. The court has mandated tech giants to submit an action report before the next hearing. The petition highlights concerns over compliance with IT regulations and the potential threats posed by these applications to public order and national security. With many of these apps allegedly operating from foreign servers, the enforcement of Indian laws becomes increasingly complex. This case raises significant questions about the responsibility of digital platforms in regulating content.
 

Court's Action on Mobile Applications

The Delhi High Court has issued a notice in response to a public interest litigation (PIL) on Wednesday. The petition alleges that numerous mobile applications available on Google Play Store and Apple App Store are being utilized to disseminate obscene and pornographic content, as well as to promote other alleged illegal activities. A division bench comprising Justice Devendra Kumar Upadhyay and Justice Tejas Karia directed Google LLC, Apple Inc., and relevant authorities to take appropriate action and submit an 'Action Taken Report' before the next hearing scheduled for July. The court emphasized that intermediaries operating app stores have a significant responsibility under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It stated that these platforms must exercise due diligence not only upon receiving complaints but also when granting permission for applications to be uploaded to their stores.


The bench further instructed that the spread of such allegedly objectionable content through mobile applications should be halted immediately, and strict adherence to the IT Rules, 2021 is required.


Details of the Petition

This PIL was filed by a concerned citizen named Rubika Thapa, who claims that many 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 purportedly immoral trafficking, prostitution, drug abuse, illegal arms trade, and organized criminal activities, including extortion. According to the petition, several applications are reportedly operating under the guise of social networking and live-streaming platforms while displaying obscene content in violation of the provisions of the Information Technology Act, 2000, and the Indian Penal Code, 2023.


Concerns Over Compliance and Security

The petition also claims that many of these entities are located outside India and allegedly operate through servers situated in countries such as the United States, Turkey, Japan, Russia, and China, making it challenging to enforce Indian laws. It further alleges that these platforms have failed to comply with Rule 4 of the IT Rules, 2021, which mandates the appointment of compliance officers and grievance redressal officers in India. The petition states that such alleged activities, including extortion through deepfake technology and the purported laundering of illegal funds via international channels, pose a threat to public order, national security, and economic stability.