Delhi HC asks social media platforms to take down sexually explicit videos of judicial officer

Delhi High Court on Wednesday asked the social media platforms, including WhatsApp and Google, to take down URLs or posts relating to a sexually explicit video of a judicial officer, which had gone viral on Internet on November 29, 2022, if not already removed as per the interim restraining order passed a day later.

A single-judge bench of Justice Yashwant Varma was dealing with a suit by someone whose identity has not been revealed as the court allowed a request to hide it, seeking a permanent injunction to stop the further circulation of the video.

The court allowed the social media platforms to examine independently in case the plaintiff, in the future, brings to the notice of intermediaries any persisting URLs of the video.

With directing the removal of existing URLs, the court also ordered that the plaintiff will be entitled for refund of court fees. After the plaintiff's counsel said that the defendants were taking remedial steps post the interim order and the plaintiff claimed no further relief of damages and prayed disposal of the suit, Justice Varma disposed of the matter.

However, the defendants' counsel objected to it as it was based on the interim order saying that it would place them under a "continuing obligation" to attend to the issues that take place in future.

In wake of the High Court ordering the taking down of sexually explicit video of a judicial officer, social media platforms on December 9 had told the court that they have removed the video and blocked several URLs. However, WhatsApp had told the court that it is not possible to erase the video from the platform unless it is provided with users' phone numbers and the court's order.

Appearing for WhatsApp, senior advocate Kapil Sibal had said that if they are provided with phone numbers, they will pull down the video if ordered by the court.

At this, Justice Varma had told the pliantiff's counsel to provide the phone numbers so that WhatsApp can take requisite steps.

The HC on November 30, directed the Centre and social media platforms to ensure that the offending video be not shared, distributed, forwarded or posted further.

Justice Varma had also asked for the video to be taken down and blocked from all ISPs, messaging platforms, and social media platforms."

"Bearing in mind the sexually explicit nature of the contents of that video and taking into consideration the imminent, grave and irreparable harm that is likely to be caused to the privacy rights of the plaintiff, an ad interim ex parte injunction is clearly warranted," the court had said.

The plea had sought a permanent direction to restrain the social media platforms from publishing or telecasting the video in question.

The court had also observed that the provisions under Section 354C of IPC as well as Section 67A of the Information and Technology Act "would appear to be violated" if further circulation, sharing and distribution of the video wasn't restrained.