In a sharp intervention over the alleged spread of obscene and illegal content through mobile applications, the Delhi High Court on Wednesday issued notices to Google LLC, Apple Inc., and concerned authorities on a Public Interest Litigation accusing several apps available on digital app stores of promoting pornography, vulgar content, and serious criminal activities.
A Division Bench comprising Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed the tech giants and government authorities to take appropriate action and submit an action taken report before the next hearing scheduled in July.
Court warns app stores over due diligence failure
The court underlined that intermediaries operating app stores cannot escape responsibility under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Observing that digital platforms are obligated to exercise due diligence even before permitting applications to be hosted on their stores, the Bench stressed the need for stricter scrutiny of mobile applications distributing objectionable material.
The High Court further directed that the alleged dissemination of obscene and pornographic content through such applications be immediately checked and that provisions of the IT Rules, 2021, be implemented rigorously.
PIL alleges several apps linked to pornography, trafficking
The PIL was filed by Rubika Thapa, who alleged that several mobile applications operating on the Google Play Store and Apple App Store were functioning under the guise of social networking and live-streaming platforms while allegedly circulating explicit and vulgar content in violation of Indian laws.
The petition also claimed that some of these applications were allegedly linked to immoral trafficking, prostitution, substance abuse, illegal arms trade, extortion rackets and organised criminal networks.
Foreign servers involved in deepfake extortion
According to the plea, many of these entities are reportedly operating from outside India through servers located in countries such as the United States, Turkey, Japan, Russia and China, making legal enforcement and regulatory action difficult for Indian authorities.
The petitioner further alleged that several platforms had failed to comply with Rule 4 of the IT Rules, 2021, which mandates the appointment of grievance officers and compliance officers within India.
The plea also raised concerns over the alleged use of deepfake technology for extortion and the routing of illicit funds through international channels, arguing that such activities pose a serious threat to public order, national security, and economic stability.
Appearing for the petitioner, Advocate Tanmaya Mehta was assisted by Advocates Lalit Valecha, Krati Sharma, Nikita Chhetri, Samriti and Siddharth Kamble from EVISION LEGAL SOLUTION LLP.