The case involves a petitioner whose private social media accounts on Facebook and Instagram were compromised, leading to her photographs and images being unlawfully posted on a pornographic website without her consent. Despite her privacy settings, her accounts were hacked, and her images were used in a manner that was offensive and damaging to her reputation. The petitioner filed a writ petition seeking the removal of this offending content from the internet.

The court recognized the challenges in fully removing or disabling access to such content due to the technical and practical limitations faced by intermediaries. It was held that for an order directing the removal or disablement of offending content to be effective, especially within India, the content must be blocked globally by search engines and online platforms, as content re-posted or redirected from one platform to another would otherwise undermine the court’s orders. The court emphasized that intermediaries, including search engines and social media platforms, are primarily neutral entities that index or host content but are not responsible for creating or monitoring it, unless they have actual knowledge of unlawful content and fail to act promptly.

Furthermore, it was held that intermediaries can lose their exemption from liability if they do not observe their legal obligations, such as removing unlawful content upon receipt of a court order or notification from authorities. The court also clarified that liability for copyright infringement arises if content is posted without consent, especially when it involves personal images used in a pornographic context, which would constitute a breach of privacy and an offence under relevant laws.

Overall, the court underscored the importance of effective, proportionate, and technologically feasible measures by intermediaries to prevent re-posting of unlawful content, and it outlined specific directions for swift removal, disablement of access, and proactive monitoring to ensure compliance with legal orders, while balancing the rights of free speech and privacy.