High Court orders immediate removal of photographs lifted from Instagram, posted on Porn Website [Read Order]

The High Court of Delhi, in the case titled X v. Union of India & Ors comprising of Justice Anup Jairam BhamBani orders to the immediate removal of photographs lifted from Instagram posted on a porn website.

Facts

The petitioner, law student from Bangalore who complains that the pictures that she posted on the social media platforms ‘Instagram' and ‘Facebook’, have mischievously and illegally, been lifted and placed by respondent No. 6 on the respondent No. 5 pornographic website, along with derogatory captions.

Submissions by Petitioner

Counsel for the petitioner submits that the petitioner verily believes that respondent No. 5 is a spurious website, which carries pornographic content and which ought to have been banned and taken-down from the world-wide-web by the competent authorities. Counsel submits that respondent No. 5 has unauthorizedly, illegally and in utter violation of the provisions of the Information Technology Act, 2002, and the Indian Penal Code, 1860, placed the petitioner’s photographs on that website, which is causing her deep distress, anguish, and embarrassment. It is further submitted that the petitioner believes that by reason of the inaction on the part of the authorities, these photographs have already received 15,000 views.

Submissions by Respondent

Counsel for the respondent submits that the petitioner’s complaint has been received at PS: Dwarka, North; however, the Delhi Police has a specialized unit, the Cyber Prevention Awareness and Detection Unit (CyPAD) which is also based out of Dwarka, New Delhi to which the complaint may be transferred since this entity is fully equipped to deal with cybercrime matters such as this.

Respondent further submits that urgent and immediate steps would be taken to first take-down the petitioner’s photographs that have been uploaded onto the errant website; and subsequently, the necessary investigation will be carried out to trace and punish the offenders.

Court Order

The Delhi High Court ordered that the complaint made by the petitioner be transferred forthwith to the CyPAD unit of Delhi Police; and that immediate action, as assured, be taken to remove the petitioner’s photographs from the errant website. Court further directed that to this end, the petitioner, through her counsel, would render all co-operation and assistance to respondent No.2.

The case is listed for next hearing on 30th July 2020.

Read Order @Latestlaws.com