WWW.LIVELAW.IN 1 ITEM NO.301
COURT NO.4 S U P R E M E C O U R T O F RECORD OF PROCEEDINGS
SECTION PIL-W I N D I A
SMW (Crl.)No(s).3/2015 IN RE: PRAJWALA LETTER DATED 18.2.2015 VIDEOS OF SEXUAL VIOLENCE AND RECOMMENDATIONS Date : 08-01-2018 This petition was 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. Mr. Ms. Ms.
Aparna Bhat, AOR Pukhrambam Ramesh Kumar, Adv. Joshita Pai, Adv. Raj Kumari Banju, Adv.
For Respondent(s) For CBI/MHA
Mr. Mr. Ms. Mr. Ms. Mr.
Maninder Singh, ASG R. Balasubramanian, Adv. Gunwant Dara, Adv. P.K. Dey, Adv. Sushma Suri, AOR(NP) Mukesh Kumar Maroria, AOR(NP)
Yahoo
Mr. Mr. Mr. Mr.
Samir Ali Khan, AOR Sanjay Kumar, Adv. Soham Kumar, Adv. Kushank Sindhu, Adv.
Facebook Ireland
Mr. Mr. Ms. Mr. Mr. Mr. Mr.
Sidharth Luthra, Sr. Adv. Manu Krishnan, Adv. Richa Srivastava, Adv. Tejas Chhabra, Adv. Nitin Saluja, Adv. Kumar Vaibhav, Adv. S. S. Shroff, AOR(NP)
Facebook India
Ms. Richa Srivastava, Adv. Mr. S. S. Shroff, AOR (NP)
Google
Mr. Ms. Mr. Ms. Mr. Mr.
Signature Not Verified Digitally signed by SANJAY KUMAR Date: 2018.01.10 17:17:52 IST Reason:
Sajan Poovayya, Sr. Adv. Ruby Singh Ahuja, Adv. Vishal Gehrana, Adv. Tahira Karanjawala, Adv. Arvind Chari, Adv. Priyadarshi Banerjee, Adv.
WWW.LIVELAW.IN 2 Mr. Saransh Kumar, Adv. Mr. S. Pratibhanu Singh Kharela, Adv. Mr. Sharvan Sahny, Adv. Mr. Anupam Prakash, Adv. Mrs. Manik Karanjawala, Adv. Mr. Avishkar Singhvi, Adv. for M/s. Karanjawala & Co. Microsoft
Mr. Mr. Mr. Mr.
V. Giri, Sr. Adv. Amar Gupta, Adv. Akhil Bhardwaj, Adv. Divyam Agarwal, AOR
WhatsApp
Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr.
Kapil Sibal, Sr. Adv. Tejas Karia, Adv. Shashank Mishra, Adv. Koshy John, Adv. Vivek Reddy, Adv. Raghav Tankha, Adv. Ashwin Reddy, Adv. Pranav Awasthi, Adv. S.S. Shroff, Adv.(NP)
UPON hearing the counsel the Court made the following O R D E R We have heard learned counsel for the parties and learned amicus curiae. Learned Additional Solicitor General has placed on record a status report in the matter of Videos of sexual violence and recommendations. It is stated in the status report, inter alia, that the Ministry of Home Affairs has identified the keywords for child pornography/rape and gang rape content search and
a
list
of
keywords
in
English
language
has
been
compiled and circulated to content providers for further action.
Efforts are being made to update the list on
regular basis. It is orally submitted before us that the keywords in
WWW.LIVELAW.IN 3 other languages will also be taken up for consideration in due course of time. It
is
further
stated
that
online
cyber
crime
reporting portal has been developed with access name as www.cyberpolice.gov.in and that this portal is undergoing security
audit
and
has
been
deployed
environment for testing and trial.
in
staging
It is expected that
it will be operational very soon. It is further stated that certain features will be made operational by 10th January, 2018 and offered to public
such
as
pornography/rape/gang
anonymous rape
reporting content
of and
child online
registration of cyber complaints which will be forwarded to
the
concerned
State/UT
police
authorities
for
appropriate action. It is also stated that certain other features are likely to be made operational by 10th February, 2018 with regard
to
registered
providing
status
complainants,
update portal
of
complaints
access
to
to
other
stakeholders willing to register for providing inputs on child pornography/rape/gang rape content and maintaining hash tag of obscene content. For the time being, we adjourn the matter to 15th February, 2018 at 2.00 p.m. so that we are made aware of the progress made by the Union of India in this regard. Further orders will be passed after the hearing on 15 th February, 2018.
WWW.LIVELAW.IN 4 It is stated by learned counsel for the petitioner that her impression is that Facebook is developing or has developed new “proactive detection” technology for real time screening through artificial intelligence.
In this
regard, learned counsel appearing for Facebook may file an affidavit indicating whether any such technology has been
developed
and
if
it
has
not
been
developed
the
progress made for developing such technology, if any. The affidavit be filed within three weeks. List the matter on 15th February, 2018 at 2.00 p.m. It is made clear that on the next date of hearing also the proceedings will be held in-camera.
(SANJAY KUMAR-I) AR-CUM-PS
(KAILASH CHANDER) COURT MASTER
