The Delhi High Court on Wednesday directed Google and Apple to take stringent action against mobile applications available on the Google Play Store and Apple App Store that allegedly promote pornography, prostitution and other illegal activities.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia observed that safeguarding the future generation from these influences was a paramount judicial priority. It emphasised that intermediaries such as Google and Apple were duty-bound not only to act after complaints were received, but also to exercise due diligence before allowing such applications to be hosted on their platforms.
Given the extensive influence of these apps, intermediaries were legally obligated under the IT Rules 2021 to perform due diligence during the initial upload process, rather than merely acting after a complaint was filed, noted the Court and directed the companies to ensure that dissemination of such applications was immediately curbed and that the provisions of the 2021 IT Rules were implemented in both letter and spirit. It further directed Google, Apple and the Central government to file an action-taken report before the next hearing scheduled in July.
The Bench made these observations while hearing a public interest litigation filed by Rubika Thapa, alleging that several applications available on the Google Play Store and Apple App Store facilitate pornographic content, immoral trafficking, prostitution, substance abuse, illegal arms trade and organised crime.
Appearing for the petitioner, Advocate Tanmaya Mehta submitted that such applications were generating millions of dollars through unlawful activities.
Additional Solicitor General Chetan Sharma, appearing for the Central government, supported the petitioner’s case and urged that strict measures be taken against such applications. He argued that intermediaries have a crucial role in tackling the issue, as the government alone cannot monitor and block every unlawful platform operating globally.
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