Delhi High Court Notices Google, Apple Over Porn, Illegal Content on App Stores; Cites IT Rules Violations
A Division Bench of Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed both companies, along with the concerned authorities, to take appropriate action and file an action taken report before the next hearing in July.
The Delhi High Court on Wednesday issued notice to Google and Apple over a public interest litigation alleging that several mobile applications listed on the Google Play Store and Apple App Store are being used to circulate obscene and pornographic content, and to facilitate a range of other illegal activities including trafficking, substance abuse, and extortion.
A Division Bench of Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed both companies, along with the concerned authorities, to take appropriate action and file an action taken report before the next hearing in July.
The court's observations placed the burden squarely on app store intermediaries, noting that platforms operating under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, are obligated to exercise due diligence not just after receiving complaints but proactively, at the point of allowing applications to be listed. The bench further directed that dissemination of such content through mobile applications be immediately checked and that the IT Rules, 2021, be followed strictly.
The PIL was filed by Rubika Thapa, a public-spirited citizen, who alleged that several applications are promoting obscene, vulgar, and pornographic content while operating under the cover of social networking and live-streaming platforms. The petition further alleges violations of the Information Technology Act, 2000, and the Bharatiya Nyaya Sanhita, 2023.
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Beyond content violations, the plea raises a broader law enforcement concern: many of these entities are allegedly based outside India and operate through servers in the United States, Turkey, Japan, Russia, and China, making it significantly harder to enforce Indian laws against them. The petition also alleges that these platforms have failed to comply with Rule 4 of the IT Rules, 2021, which mandates the appointment of compliance officers and grievance officers within India.
The more alarming allegations in the petition go beyond obscene content. The plea claims some of these applications are allegedly being used for immoral trafficking, prostitution, illegal arms trade, organised criminal activities, including extortion, and the routing of illicit funds through international channels. It also flags the use of deepfake technology as an emerging tool for extortion, framing the issue as a threat not just to public morality but to national security and economic stability.