Recently, in a significant intervention addressing online illegality and child privacy, the Rajasthan High Court stepped in to confront the alarming circulation of obscene images of a minor on a social media platform. The Court directed immediate coordination between authorities and the intermediary to ensure removal of the content, while examining a larger issue: whether digital platforms can remain passive when unlawful and harmful material is brought to their notice.
The controversy began when a father approached the Court seeking urgent relief against the online circulation of private and objectionable images of his minor son, allegedly shared with the intent to damage the family’s dignity and reputation. Despite lodging a complaint with the local police for registration of an FIR, no meaningful action was taken, and the content continued to remain accessible online. Counsel for the petitioner argued that such inaction not only prolonged the harm but also violated the minor’s fundamental right to privacy and dignity under Article 21 of the Constitution. The case further highlighted the role of intermediaries under the Information Technology Act and the Intermediary Guidelines, 2021, raising concerns about whether platforms were fulfilling their obligation to act swiftly against unlawful content.
Justice Farjand Ali emphasised that privacy is a core facet of life and liberty, and any unauthorised dissemination of intimate material constitutes a continuing violation of that right. The Court held, “The intermediary cannot remain a mute spectator… Any inaction or delayed response… would amount to a failure in discharging due diligence obligations.” The Court further explained that intermediaries enjoy safe harbour protection under Section 79 of the Information Technology Act only so long as they act with due diligence and respond promptly upon receiving notice of unlawful content. It warned that delay or inaction could result in loss of such protection. The Court also reflected on the long-term consequences of digital violations, describing them as leaving an “enduring digital scar” that continues to harm the victim’s dignity, mental well-being, and social standing. Balancing the need for immediate relief with preservation of evidence, the Court directed authorities to ensure permanent removal of the offending content while also securing relevant digital data for investigation.
Consequently, the Union was directed to coordinate with Meta Platforms to remove the content and take steps to deactivate the account responsible, subject to verification.
Case Title: A vs. State of Rajasthan and Ors
Case No.: S.B. Criminal Writ Petition No. 1152/2026
Coram: Hon'ble Mr. Justice Farjand Ali
Advocate for the Petitioner: Adv. Rajak Khan
Advocate for the Respondent: Adv. TC Sharma
Read Judgment @Latestlaws.com
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