Delhi HC: Explicit images can’t be  uploaded again on internet

It said the Delhi Police must immediately register a formal complaint and book the perpetrators as soon as possible to prevent the repeated upload of unlawful content.

NEW DELHI:  The Delhi High Court on Wednesday expressed its displeasure over the “reluctance” exhibited by internet platforms in implementing the law against illegal sharing of sexually explicit content and directed that if such content “resurfaces”, it must be removed and a victim need not approach the court again for its removal.

While observing that the “internet never forgets” and it is “exceptionally difficult to control” the spread of objectionable content, Justice Subramonium Prasad said it is the responsibility of the search engine to immediately cease access to the offending content and the victim cannot be made to face humiliation or harassment by having to approach the authorities again seeking the same relief.

The court said, “Non-Consensual Intimate Images (NCII) abuse”, which was increasing in the digital age, must include “sexual content obtained without consent and in violation of an individual’s privacy as well as sexual content obtained and intended for private and confidential relationships”. It said the Delhi Police must immediately register a formal complaint and book the perpetrators as soon as possible to prevent the repeated upload of unlawful content.

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