(B.R. Gavai and Vikram Nath, JJ.)
In Re: Prajwala Letter Dated 18.2.2015 Videos of Sexual Violence and Recommendations
Suo Moto Writ Petition (Crl.) No. 3 of 2015, decided on August 1, 2023
The Order of the court was delivered by
Order
1. The issue revolves around the objectionable videos pertaining to child pornography, gang-rape, rape, etc. which are published on various wide-reaching platforms.
2. The Court, while considering the issue, has passed orders from time to time.
3. A Committee of Experts was also appointed by this Court. This Court had also directed Ms. N.S. Nappinai, learned Amicus Curiae as well as Ms. Aparna Bhat, learned counsel appearing for the petitioner to be involved in the deliberations in order to find out a solution to these issues.
4. It appears that, on certain issues there was consensus and on certain issues there was no consensus.
5. When the matter was listed before us on 29th November, 2022, we had directed the Committee to reconsider the issues and also directed that the suggestions given by the learned Amicus Curiae and learned counsel for the petitioner, be taken into consideration.
6. After due deliberations, a Report dated 07th June, 2023 has been placed before us. The Report is signed by the Chairperson, Additional Secretary, Ministry of Electronics and Information Technology, Director General, CERT-In, Joint Secretary, Ministry of Home Affairs and Group Coordinator (Cyber Laws) Ministry of Electronics and Information Technology. The Report is also signed by the learned Counsel for the petitioner, learned Amicus Curiae and the representatives of the intermediaries.
7. We find that on larger issues, there has been consensus and substantial progress has been made to prevent the publicity of the videos pertaining to child pornography, gang-rape, rape, etc.
8. This is not an adversarial litigation and the Committee with the assistance of the learned counsel for the petitioner, learned Amicus Curiae and the representatives of the intermediaries have come to a satisfactory conclusion.
9. No doubt that there are certain non-consensus issues on which the resolution was not possible.
10. However, substantial issues have been resolved.
11. We find that it will not be necessary for this Court to further monitor the issue, inasmuch as various technicalities are involved, which could not be monitored by this Court.
12. If any of the parties are aggrieved with the non-compliance of any of the provisions made in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, they are always at liberty to bring it to the notice of the Union of India, which shall take into consideration these aspects and make an attempt to resolve the issues. If issues still remain unresolved, the parties are always at liberty to approach this Court to seek appropriate relief(s).
13. In that view of the matter, we dispose of the Suo Moto Writ Petition.
14. We place on record our appreciation for the valuable assistance rendered by Ms. Aparna Bhat, learned counsel appearing for the petitioner, Ms. N.S. Nappinai, learned Amicus Curiae, Ms. Aishwarya Bhati, learned Additional Solicitor General appearing for the Union of India and Mr. Kapil Sibal, Mr. Arvind Datar, Mr. Sajan Poovayya, learned senior counsel appearing for the respective intermediaries.
15. Pending applications, if any, stand disposed of.
———
