"Can't allow ruin of whole generation": Delhi HC orders Google, Apple to act against apps promoting porn, crime

The Delhi High Court on Wednesday ordered Google and Apple to act strictly against mobile applications involved in pornography and prostitution and which are available through Apple's App Store and the Google Play Store.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia remarked that it cannot "permit the whole generation of the country to be ruined".

The Bench observed that the intermediaries like Google and Apple are obligated to act against such applications not only when they are flagged but also when they are being uploaded on the Play Store and App Store.

"Having regard to the reach of such applications, we are of the opinion that in terms of 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 they have to exercise due diligence at the time of permitting such applications being uploaded through them," the Court observed.

Therefore, it directed them to ensure that dissemination of such applications is immediately checked and the 2021 IT rules are followed in letter and spirit.

 "We expect that having regard to the averments made in the writ petition, Respondents 2 (Google), 3 (Apple), as also Respondent Number 4 (Indian Computer Emergency Response Team) shall act strictly to ensure that such dissemination of videos is immediately checked and the 2021 rules are followed in letter and spirit," the Court ordered.

The Court also ordered Google, Apple and the Central government to file an action taken report by the next date of hearing in July.

The Bench passed the order while dealing with a public interest litigation (PIL) petition filed by one Rubika Thapa who moved the Court stating that several applications are available on the Google Play Store and Apple's App Store, which permit pornographic content, immoral trafficking, prostitution, substance abuse, illegal arms trade and organised crime.

Advocate Tanmaya Mehta appeared for the petitioner and stated that these apps are earning millions of dollars through such criminal activity.  

Additional Solicitor General (ASG) Chetan Sharma appeared for the Central government and supported the petitioner's contention that strict action must be taken against such apps.

He added that the intermediaries have a significant role in tackling the issue as the government cannot go around the globe blocking everything.

"This kind of menace should be curbed by judicial order so the intermediaries do something," ASG Sharma said.

Advocates Tanmaya Mehta, Lalit Valecha, Krati Sharma, Nikita Chhetri, Samriti and Siddharth Kamble appeared for the petitioner.