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2025 Supreme(Online)(Mad) 66494
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, J
C.Vimala Priya – Appellant
Versus
The Union Of India – Respondent
WP No. 30614 of 2025
For the Appellants/Petitioners: Mr.R.Prabakar
For the Respondents: Dr.K.Kannan, Mr.V.Meganathan
Non-consensual dissemination of intimate videos must be addressed urgently, acknowledging challenges of digital platforms in enforcement.
Headnote:(A) Information Technology (Amendment) Act, 2008 - Sections 66E and 67A - Non-consensual transmission of obscene materials - Petition seeking to block the dissemination of intimate videos - The petitioner’s representation was to take immediate action against the 5th respondent for misusing their past relationship and circulating intimate videos - Court acknowledged the challenges posed by encrypted messaging platforms for enforcement agencies in managing digital abuse. (Paras 1-2 & 5-6)
(B) Enforcement Mechanisms - Authorities directed to identify and seize evidence while acknowledging the limitations in tracking digital forwarding and distribution facilitates. (Paras 7 & 8)
Facts of the case:
The petitioners faced the non-consensual spread of their intimate videos by the 5th respondent after their relationship ended. An FIR was filed regarding the dissemination of these videos.
Findings of Court:
The police were urged to complete the investigation swiftly and take steps that could help mitigate the damages to the dignity of the first petitioner.
Issues: The main legal issues included the efficacy of legal mechanisms to prevent the spread of non-consensual intimate content in digital formats and the immediate needs for protective actions by law enforcement.
Ratio Decidendi: The court underscored the necessity for law enforcement to take proactive steps in digital spaces while recognizing the inherent challenges imposed by encrypted messaging platforms.
Result: Writ petition disposed of.
| Table of Content |
|---|
| 1. petition seeks action against the spread of intimate videos. (Para 1 , 2) |
| 2. acknowledgment of challenges in enforcing digital privacy laws. (Para 3 , 4) |
| 3. call for proactive police action to mitigate harm. (Para 5 , 6) |
| 4. directions towards swift investigation and preventive measures. (Para 7 , 8) |
| 5. final disposal of the petition. (Para 9) |
ORDER
This writ petition has been filed for a direction to the 1st respondent to take appropriate measures with the assistance of the respondents 2 to 4 to block, remove, take down all the petitioners' obscene videos from internet, websites and other digital platforms by considering the representation made by the petitioners on 07.08.2025.
2. When the writ petition came up for hearing on 13.03.2025, this Court passed the following order, “Dr.K.Kannan, learned Senior Panel Counsel takes notice on behalf of the 1st respondent.
2.The 2nd respondent is not a necessary party in this writ petition and hence, the name of the 2nd respondent is deleted.
3.Mr.V.Meganathan, learned Government Advocate takes notice on behalf of respondents 3 and
4.
4.The case of the first petitioner is that she had a relationship with the 5th respondent and the 5th respondent taking advantage of the same has managed to videograph some of the intimate moments. Ultimately, the relationship between the petitioner and the 5th respondent snapped and the first petitioner has married the second petitioner. Later it came to light that the non-consensual videos is now circulated by the 5th respondent through Whatsapp. Hence, a complaint was given and an FIR has been registered by the 4th respondent in Crime No.12 of 2025 for offence under Section 308(2) of BNS, 2023 and Sections 66E and 67A of the Information Technology (Amendment) Act, 2008 . 5.The learned Government Advocate appearing on behalf of the 3rd and 4th respondents seeks for some time to take instructions. The 4th respondent shall ensure that the mobile phone and other gadgets of the 5th respondent is seized and the objectionable video shall be deleted forthwith and it shall also be ensured that the 5th respondent does not indulge in further spreading the video.
6.The nature of complaint is such that the 4th respondent has to take immediate action against the accused person, failing which, the dignity of the first petitioner will be at stake.
7.Post this writ petition at the end of the motion list on 20.08.2025.”
3. When the matter was taken up for hearing today, the learned Government Advocate appearing on behalf of respondents 3 and 4 submitted that, in the course investigation in Crime No.12 of 2025, the 5th respondent was arrested on 14.08.2025 and he was produced before the Additional Mahila Court, Namakkal and he was remanded to judicial custody on the same day. The learned Government Advocate further submitted that the mobile phone was also seized from the 5th respondent in the presence of witnesses and it has been sent to the forensic lab seeking for the report. Apart from that, a communication has been made to the 1st respondent to take steps to block, delete and take out the obscene video from the internet and other digital platforms.
4. The learned Government Advocate submitted that in the instant case, if the video is uploaded in any site, it can be blocked or deleted and it can also be ensured that it does not resurface. However, unfortunately the video has been forwarded through whatsapp and as a result, there is no mechanism to stop or detect this process, since it is encrypted end to end.
5. This is an unfortunate case, where the victim got into a relationship with the 5th respondent and the 5th respondent taking advantage of the same has managed to record an inappropriate video, which was forwarded by him through whatsapp. It was rightly submitted by the learned Government Advocate that if it is uploaded in any site, it can be blocked or deleted. However, if it is forwarded through whatsapp, there is no mechanism to stop this process and to
