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Google, Microsoft Challenge Delhi HC Order Mandating Removal Of Non-Consensual Intimate Images

 

GUWAHATI: Tech giants Google and Microsoft have approached the Delhi High Court challenging a recent order that requires search engines to proactively remove non-consensual intimate images (NCII) from the internet without needing specific URLs.

Representatives for Microsoft presented their case before a Division Bench consisting of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, arguing that the single-judge's directives were not feasible given current technology and that the ruling exceeded the legal framework outlined in the Information Technology Rules.

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The Court was informed that Google has also filed a similar appeal, which will be heard on Thursday, May 9. The High Court stated that it will consider both cases together on that day.

Microsoft and Google’s appeals challenge the judgement passed by Justice Subramonium Prasad on April 26, 2023. In that detailed ruling, Justice Prasad admonished social media intermediaries, warning that they would lose their protection from liability if there was even a minor deviation from the time-frame provided under the IT Rules for removal of NCII content.

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Prasad emphasised that technology exists to remove NCII content without requiring victims to repeatedly approach courts or other authorities to have it taken down. He held that search engines should not claim helplessness in removing or disabling access to such illegal content.

Senior advocate Jayant Mehta, representing Microsoft, argued that the single-judge relied on a tool used by Meta (Facebook) to remove such content, which is not applicable to Bing, Microsoft's search engine, as it does not host any content. Mehta further stated that the order was technically not implementable.

"I can’t do it. I am Bing. Given the technology that exists today, we can’t do it...The directions [issued by the single-judge] overstep the regulatory framework. So long as we are given the URLs, we can take it down, but when the order says you [search engines] go looking for this image all over the database and then remove it, it is not possible," Mehta said.

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