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IN THE HIGH COURT OF DELHI
Vibhu Bakhru, J.
X - Appellant
Versus
State - Respondent
W.P.(Crl.) 1080 of 2020
Decided On : 20-10-2020




Intermediaries must take effective measures to prevent hosting and ensure removal of child pornography when notified, emphasizing the necessity of technological tools in safeguarding minors.

Headnote:(A) Information Technology Act, 2000 - Section 67-67A - Protection of Children from Sexual Offences Act, 2012 - Section 20 - Petition by a young woman seeking removal of objectionable content posted online by the Accused, who misused intimate photographs shared when she was a minor. The court found that intermediaries must take effective measures to prevent hosting child pornography and directed police to notify offending material to the NCRB for removal from platforms. (Paras 3, 8, 11, 20, 25, 32)

(B) Child Protection - Obligations of intermediaries - Court emphasized the role of intermediaries in removing unlawful content upon notification; reliance on technological measures is essential. (Paras 25, 28)

Table of Content
1. definition of abusive relationship and evidence of harassment (Para 3 , 4)
2. misuse of intimate photographs and jurisdiction of complaint (Para 5 , 6)
3. intermediary responsibilities in cp content management (Para 12 , 13 , 14)
4. conditional immunity of intermediaries under it act (Para 20 , 21)
5. court's direction for removal of offending material (Para 27 , 28 , 30 , 31 , 32)

JUDGMENT

Vibhu Bakhru, J. (Oral)--The learned counsel for the parties were heard through video-conferencing.

2. The petitioner has filed the present petition, inter alia, praying that directions be issued to respondent nos. 2 to 4 to remove webpages as are mentioned in paragraph no. 15 of the petition.

3. The petitioner is a young woman. She states that in the year 2012, she was sixteen years old and was studying in a well-known School in Delhi. She came to be acquainted with a boy (hereafter `the Accused'), who was studying in the same class. And, within a short span of time she became very close friends with him. However, he was very possessive and would not permit her to talk to anyone else. On several occasions he had snatched her phone and read all her messages. She alleges that the accused started emotionally blackmailing her and compelled her to send her intimate photographs to him. He threatened that if she didn't, he would commit suicide. She succumbed to the said tactics and started sending him her "intimate pictures". She states that the relationship with the Accused was very abusive and therefore, she broke up her relations with him.

4. After completing her schooling, she secured admission in University of Bath, United Kingdom and in August, 2014 she proceeded to the UK for further studies. She alleges that the Accused did not stop pursuing her and used to call her about 50 to 70 times a day. She used to avoid his calls but he would persist by calling her from unknown numbers. She states that one day he landed up at her residence in Bath, U.K. and physically assaulted her. She alleges that he tried to throttle her; he placed a knife on her neck; and threatened to kill her. The petitioner was constrained to lodge a police complaint against the Accused. The matter was brought before the Magistrate Court of the Province of Bath, United Kingdom. The Accused pleaded guilty and on 04.01.2017, the Court passed an order restraining the accused from contacting the petitioner by any means including electronic, means for a period of two years, that is, till 04.01.2019. In addition, the Accused was also restrained from entering the City of Bath for a period of two years.

5. The Accused returned to India in the year 2017. The petitioner states that in the year 2019, she decided to proceed to Melbourne, Australia for higher studies. She claims that in October - November 2019, she became aware that the Accused had posted her intimate pictures on various platforms such as Twitter, Instagram, YouTube, etc. She claims that the photographs uploaded were the same that were sent by her to the Accused when she was a minor and the Accused had misused the said photographs and placed them on the internet.

6. The print-outs of the objectionable material are stated to have been filed with the present petition as Annexure B. But the said material is not on record. However, this Court is informed that the said material has been shared with the investigating agency. After becoming aware that the Accused had placed her photographs on the net, the petitioner filed a complaint against the Accused before the Special Cell, Cyber Crime Department, Delhi Police. Pursuant to the said complaint, an FIR bearing No. 129/2019 for commission of offence punishable under Section 67 -67A of the INFORMATION AND TECHNOLOGY ACT , 2000 (hereafter 'the IT Act') was registered. Thereafter, the petitioner's statement under Section 164 of the Code of Criminal Procedure, 1973 was recorded.

7. The petitioner also sent notices to respondent nos. 2 to 4 through her advoc

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