Microsoft, Google Challenge Delhi HC’s Order on Removal of Non-Consensual Intimate Images
GG News Bureau
New Delhi, 9th May. Tech giants Microsoft and Google have taken legal action by moving the Delhi High Court against a recent order issued by its single-judge bench. The order directed search engines to proactively remove non-consensual intimate images (NCII) from the internet without the need for specific URLs, a move both companies argue is technologically unfeasible and exceeds legal boundaries.
In proceedings before a division bench led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, Microsoft emphasized the impracticality of complying with the single-judge’s directives due to technological limitations. The companies contend that such mandates surpass the existing legal framework.
The appeals lodged by Microsoft and Google challenge a judgment delivered by Justice Subramonium Prasad on April 26. Google has also filed a similar appeal, scheduled for consideration on May 9, with the court deciding to review both cases concurrently.
Justice Prasad’s earlier ruling warned social media intermediaries of potential liability if they fail to adhere to specified timeframes for removing non-consensual intimate content under the Information Technology Rules. He asserted that search engines possess the necessary technology to address NCII content without victims having to repeatedly seek court intervention.
Representing Microsoft, senior advocate Jayant Mehta argued against the feasibility of complying with the court’s order, particularly noting that Bing, Microsoft’s search engine, does not host content. Mehta highlighted the challenge of proactively searching for and removing NCII content throughout the database given current technological constraints.
Additionally, Mehta raised concerns about the practicality of deploying Artificial Intelligence (AI) tools to execute the directives, citing difficulties in distinguishing between consensual and non-consensual images.
