Intermediaries Must Not be Mute Spectators to Online Illegality: Rajasthan High Court

Intermediaries Must Not be Mute Spectators to Online Illegality: Rajasthan High Court

The Rajasthan High Court has ruled that social media intermediaries cannot remain "mute spectators" when online illegality is reported.

Court emphasized that platforms have a positive, continuing obligation under the IT Act and Intermediary Guidelines to act expeditiously once unlawful content is brought to their notice.

The Court clarified that "safe harbour" protection under Section 79 is conditional upon exercising due diligence and removing offending material promptly. 

Highlighting the "enduring digital scar" left by the non-consensual sharing of intimate images, the Court directed authorities to coordinate with Meta Platforms for the permanent removal of the content and the suspension of responsible accounts.

[Mohan Ram v. State of Rajasthan & Ors.]

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