PIL seeking direction to formulate gender-neutral laws for expressly criminalising dissemination of pornographic content tagged with IT Rules challenge

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The Supreme Court on Monday tagged a Public Interest Litigation seeking several directions including formulation of appropriate gender neutral law against revenge porn, impersonation and morphing on the internet with the transfer petition seeking clubbing of plea's before High Courts which have challenged the The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

A bench of Justice AM Khanwilkar and Justice Abhay S Oka was informed by the Solicitor General Tushar Mehta that there had been an amendment to Intermediary Rules 2021 and it was challenged before several high courts and due to this, transfer petition(s) had been filed.

The bench has thus tagged the subject matter along with the other similarly placed petition(s).

The plea filed by a Law Student Skand Bajpai has sought the following directions to the Government to undertake efficient actions in regard with:

a) Regulation of age regarding access to social media, 

b) Uprooting of fake profiles and catfish accounts by devising a profile verification mechanism, 

c) Elimination of illicit content surfacing over the social media and devising a mechanism to prevent such content in future, 

d) Upgradation of education policy for inclusion of efficient mandatory adolescent sex education along with introduction of subject for educating individuals about their conduct on social media with associated risks and safety features and 

e) Formulation of appropriate law against revenge porn, impersonation and morphing on the internet.

Bajpai has stated that the cause of action arose when no satisfactory action was taken on the complaint dated June 9, 2020 filed by the him on cybercrime.gov.in with regard to illicit content being traded on social media.

It has been informed that the complaint at cybercrime.gov.in was filed giving information about sale of sexually explicit content including private graphic information, rape videos and CSAM (Child Sexual Abuse Material).

The plea has alleged that people have been purchasing, selling and transmitting private graphic information, rape videos and CSAM of unidentified people on social media platforms in exchange of money received by way of e-wallets and UPI transactions.

"Many catfish accounts are offering paid sexual advances on live chat and video graphic sessions impersonating unidentified girls and women," the plea states.

 

Cause Title: Skand Bajpai & Anr. Vs. Union of India & Ors.