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ITEM NO.301 COURT NO.2 SECTION PIL-W

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

SMW (Crl.)No(s).3/2015

IN RE: PRAJWALA L-ETTER DATED 18.2.2015

VIDEOS OF SEXUAL VIOLENCE AND RECOMMENDATIONS

Date : 22-10-2018 These matters were called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE UDAY UMESH LALIT

Ms. N.S. Nappinai, Adv. (A.C.)

For Petitioner(s) Ms. Aparna Bhat, AOR

Ms. Shivangi Singh, Adv.
Mr. Tipoo N., Adv.

For Respondent(s) Ms Pinky Anand, ASG

UOI Mr. R. Balasubramanian, Adv.
Ms. Suhasini Sen, Adv.
Ms. Rashmi Malhotra, Adv.
Mr. P.K. Dey, Adv.
Mr. T.A. Khan, Adv.
Ms. Snidha Mehra, Adv.
Mr. Mukesh Kumar Maroria, AOR
Mr. B.V. Balram Das, Adv.

Yahoo Mr. Samir Ali Khan, AOR

Mr. Sanjay Kumar, Adv.
Mr. Abhishek K. Singh, Adv.
Mr. Kushank Sindhu, Adv.

Facebook Ireland Mr. Sidharth Luthra, Sr. Adv.

Ms. Richa Srivastava, Adv.
Mr. Shijo George, Adv.
Ms. Pallavi Chopra, Adv.
Mr. Devashish, Adv.
Ms. Sabika Kazmi, Adv.
Mr. S. S. Shroff, AOR(NP)

Facebook India Ms. Richa Srivastava, Adv.

Signature Not Verified
Mr. S. S. Shroff, AOR (NP)
Digitally signed by
SANJAY KUMAR
Date: 2018.10.22
17:25:17 IST
Google
Reason: Mr. Sajan Poovayya, Sr. Adv.
Ms. Ruby Singh Ahuja, Adv.
Mr. Vishal Gehrana, Adv.
Ms. Tahira Karanjawala, Adv.
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Mr. Arvind Chari, Adv.

Mr. Priyadarshi Banerjee, Adv.
Mr. Saransh Kumar, Adv.
Mr. S. Pratibhanu Singh Kharola, Adv.
Mr. Sharvan Sahny, Adv.
Mr. Avishkar Singhvi, Adv.
Mr. Sanjeet Ranjan, Adv.
Mrs. Manik Karanjawala, Adv.
for M/s. Karanjawala & Co.

Microsoft Mr. V. Giri, Sr. Adv.

Mr. Amar Gupta, Adv.
Mr. Adhiraj Malhotra, Adv.
Mr. Divyam Agarwal, AOR

WhatsApp Mr. Tejas Karia, Adv.

Mr. Shashank Mishra, Adv.
Mr. Koshy John, Adv.
Mr. Vivek Reddy, Adv.
Mr. Ayachit Aditya, Adv.
Ms. Deepanshi Ahlawat, Adv.
Mr. S.S. Shroff, Adv.(NP)

Mr. Chanchal Kumar Ganguli, AOR

Mr. Abhishek, AOR

Mr. Gopal Prasad, AOR

Mr. Shibashish Misra, AOR

Mr. Chandan Kumar Mandal, Adv.
Mr. R.K. Yadav, Adv.
Mr. Ompal Singh, Adv.

M/S. Plr Chambers and Co.

Ms. Aishwarya Bhati, AAG

Mr. Pradeep Misra, AOR
Mr. Suraj Singh, Adv.

Mr. Nishant Ramakantrao Katneshwarkar, AOR

Dr. Monika Gusain, Adv.

UPON hearing the counsel the Court made the following

O R D E R

We have heard learned amicus curiae, learned counsel

for the petitioner and learned Additional Solicitor

General.
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The Union of India has prepared a Standard Operating

Procedure for taking action by the security/law

enforcement agencies under Section 79(3)(b) of the

Information Technology Act. We are not concerned with

this for the time being.

The Union of India has also prepared a Standard

Operating Procedure for cyber police portal – handling

complaints involving child pornography – child sexual

abuse material, rape/gang rape and obscene contents.

It is submitted by learned Additional Solicitor

General that the document has undergone some changes.

The first version was prepared on 18th June, 2018 and it

was subsequently revised on 12th July, 2018. She says

that comments are being received from time to time from

various State Governments.

In any event, since these comments, improvements and

suggestions from the State Governments may be a

continuous process, we are of the opinion that a cut-off

date must be fixed for finalizing the Standard Operating

Procedure. Accordingly, we fix 15th November, 2018 as the

date for finalizing the Standard Operating Procedure. Of

course, this does not mean that improvements cannot be

made from time to time and as and when necessary.

A copy of the Standard Operating Procedure should be

given to the intermediaries who are before us so that

they, learned amicus curiae and learned counsel for the

petitioner, may make their suggestions to the Ministry of

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Home Affairs on or before 9th November, 2018 so that the

document can be finalized by 15th November, 2018. This

deadline should be communicated to the State Governments

also. We are constrained to fix this deadline because

the Union of India has already had more than two months

of experience in working the Standard Operating Procedure

and the portal and there must be some finality to the

process.

It is pointed out by learned counsel for the

petitioner that in some cases there has been no response

from the concerned nodal officer about the steps that

have been taken when a direction has been given to the

intermediaries to take down some objectionable content.

It is pointed out that as per the information given by

learned Additional Solicitor General 43 notices have been

issued as on 22nd October, 2018, but the total number of

take down orders passed is only 21. There is no clarity

with regard to the balance 22. Similarly, the total

number of complaints received are 630, but the number of

complaints taken up for enquiry is only 355. It is again

not clear what has happened to the balance complaints.

The Union of India should file an affidavit

indicating the number of complaints received, the action

taken in a tabulated form so that there is clarity on the

action taken.

It is submitted by learned Additional Solicitor

General that some grievance redressal mechanism is

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contemplated and it may take some time to put that in

place, but efforts are being made in this regard. She

also says that the names of all the nodal officers will

be put up on the portal so that the public is aware of

the person to whom they can get in touch in case

objectionable material is placed on internet.

In the meanwhile, an officer superior to the nodal

officer may be identified so that in case of any

disagreement with the views of the nodal officer, some

sort of an appeal can be preferred to the higher

authority.

Fresh status report be filed by the Union of India

before the next date of hearing.

List the matter on 22nd November, 2018 at 2.00 p.m.

(SANJAY KUMAR-I) (KAILASH CHANDER)

AR-CUM-PS ASSISTANT REGISTRAR