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2018 Supreme(SC) 627

SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
MADAN B. LOKUR, UDAY UMESH LALIT, JJ.
IN RE: PRAJWALA LETTER DATED 18.2.2015
VIDEOS OF SEXUAL VIOLENCE AND RECOMMENDATIONS
SMW (Crl.)No(s).3 of 2015
Decided on : 08-01-2018

Advocates:
Advocate Appeared:
For the Appellant : Ms. N.S. Nappinai, Ms. Aparna Bhat, Mr. Pukhrambam Ramesh Kumar, Ms. Joshita Pai, Ms. Raj Kumari Banju, Adv.
For the Respondent: Mr. Maninder Singh, Mr. R. Balasubramanian, Ms. Gunwant Dara, Ms. Rashmi Malhotra, Mr. P.K. Dey, Ms. Sushma Suri, Mr. Mukesh Kumar Maroria, Mr. Samir Ali Khan, Mr. Sanjay Kumar, Mr. Soham Kumar, Mr. Kushank Sindhu, Mr. Sidharth Luthra, Mr. Manu Krishnan, Ms. Richa Srivastava, Mr. Tejas Chhabra, Mr. Nitin Saluja, Mr. Kumar Vaibhav, Mr. S. S. Shroff, Ms. Richa Srivastava, Mr. S. S. Shroff, Mr. Sajan Poovayya, Ms. Ruby Singh Ahuja, Mr. Vishal Gehrana, Ms. Tahira Karanjawala, Mr. Arvind Chari, Mr. Priyadarshi Banerjee, Mr. Saransh Kumar, Mr. S. Pratibhanu Singh Kharela, Mr. Sharvan Sahny, Mr. Anupam Prakash, Mrs. Manik Karanjawala, Mr. Avishkar Singhvi, Mr. V. Giri, Mr. Amar Gupta, Mr. Akhil Bhardwaj, Mr. Divyam Agarwal, Mr. Kapil Sibal, Mr. Tejas Karia, Mr. Shashank Mishra, Mr. Koshy John, Mr. Vivek Reddy, Mr. Raghav Tankha, Mr. Ashwin Reddy, Mr. Pranav Awasthi, Mr. S.S. Shroff, Adv

The main legal point established in the judgment is the emphasis on the development and regular updates of an online cyber crime reporting portal and the identification of keywords for specific content search.

Headnote:

Keywords - Online Cyber Crime Reporting Portal - The court discussed the implementation of an online cyber crime reporting portal and the identification of keywords for child pornography/rape and gang rape content search. Efforts were being made to update the list of keywords on a regular basis, and the court adjourned the matter to be made aware of the progress by the Union of India in this regard.

Fact of the Case:

The court heard submissions regarding the implementation of an online cyber crime reporting portal and the identification of keywords for child pornography/rape and gang rape content search. Efforts were being made to update the list of keywords on a regular basis, and the matter was adjourned to assess the progress made by the Union of India.

Finding of the Court:

The court discussed the status report provided by the Ministry of Home Affairs and the efforts being made to develop an online cyber crime reporting portal. The court adjourned the matter to be made aware of the progress by the Union of India in this regard.

Issues: Implementation of online cyber crime reporting portal, Identification of keywords for child pornography/rape and gang rape content search, Progress made by the Union of India

Ratio Decidendi: The court focused on the development of an online cyber crime reporting portal and the identification of keywords for specific content search, emphasizing the need for regular updates and progress assessment by the Union of India.

Final Decision: The matter was adjourned to 15th February, 2018 at 2.00 p.m. to assess the progress made by the Union of India regarding the implementation of the online cyber crime reporting portal and the identification of keywords for specific content search.

ORDER :

1. We have heard learned counsel for the parties and learned amicus curiae.

2. Learned Additional Solicitor General has placed on record a status report in the matter of Videos of sexual violence and recommendations.

3. It is stated in the status report, inter alia, that the Ministry of Home Affairs has identified the keywords for child pornography/rape and gang rape content search and a list of keywords in English language has been compiled and circulated to content providers for further action. Efforts are being made to update the list on regular basis.

4. It is orally submitted before us that the keywords in other languages will also be taken up for consideration in due course of time.

5. It is further stated that online cyber crime reporting portal has been developed with access name as www.cyberpolice.gov.in and that this portal is undergoing security audit and has been deployed in staging environment for testing and trial. It is expected that it will be operational very soon.

6. It is further stated that certain features will be made operational by 10th January, 2018 and offered to public such as anonymous reporting of child pornography/rape/gang rape content and online registration of cyber complaints which will be forwarded to the concerned State/UT police authorities for appropriate action.

7. It is also stated that certain other features are likely to be made operational by 10th February, 2018 with regard to providing status update of complaints to registered complainants, portal access to other stakeholders willing to register for providing inputs on child pornography/rape/gang rape content and maintaining hash tag of obscene content.

8. For the time being, we adjourn the matter to 15th February, 2018 at 2.00 p.m. so that we are made aware of the progress made by the Union of India in this regard. Further orders will be passed after the hearing on 15th February, 2018.

9. It is stated by learned counsel for the petitioner that her impression is that Facebook is developing or has developed new “proactive detection” technology for real time screening through artificial intelligence. In this regard, learned counsel appearing for Facebook may file an affidavit indicating whether any such technology has been developed and if it has not been developed the progress made for developing such technology, if any.

10. The affidavit be filed within three weeks.

11. List the matter on 15th February, 2018 at 2.00 p.m.

12. It is made clear that on the next date of hearing also the proceedings will be held in-camera.

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