Delhi HC directs google, microsoft to seek review of ruling on non-consensual images removal

The Delhi High Court has instructed Google and Microsoft, the owners of 'Bing', to seek a review of a previous ruling by a single judge regarding the removal of non-consensual intimate images from their search engines. The directive came after the tech giants filed an appeal against the original order, which required them to identify and de-index such images without specific URLs.

During the hearing, the senior counsel for the appellants argued that their current technology is unable to detect non-consensual intimate images, unlike cases of child sexual abuse material. They assured the court that new technology is in development but has not yet reached a stage where it can effectively identify such content independently.

Highlighting that search engines do not host any content themselves, the bench headed by Acting Chief Justice Manmohan emphasized that it would be appropriate for the appellants to file a review petition before the single judge. The court advised the appellants to bring forth the challenges faced in complying with the original order and suggested reconsideration by the single judge.

Additionally, the court observed that no coercive action had been taken against Google and Microsoft for non-compliance with the previous ruling. The original order, issued on April 26, 2023, mandated search engines to promptly cease access to offending content related to non-consensual intimate images, aiming to protect victims from further humiliation or harassment.

The single judge had asserted that the dissemination of "Non-Consensual Intimate Images (NCII) abuse," commonly known as "revenge porn," violates the right to privacy and inflicts psychological harm on victims. The ruling also emphasized the obligation of search engines to exercise due diligence under Rule 3 of the IT Rules, ensuring efforts to prevent the hosting, displaying, uploading, or sharing of invasive content.

Furthermore, the single judge stressed the strict adherence to timeframes outlined in Rule 3 of the IT Rules, emphasizing that any deviation would forfeit the protection from liability provided to search engines under Section 79 of the IT Act. The ruling underscored the importance of promptly removing or disabling access to potentially harmful content, with no exceptions tolerated.

The Delhi High Court's directive underscores the complex legal and technological challenges surrounding the regulation of online content, particularly concerning privacy violations and the protection of vulnerable individuals.