– With exclusive inputs from Adv Amita Sachdeva
Haridwar, India – In a significant move to protect the dignity and privacy of women and minors, Advocate Amita Sachdeva along and Adv Ajay Gulati has filed a Public Interest Litigation (PIL) in the Delhi High Court, targeting the unauthorized videography and photography of Hindu women and girls while they partake in religious rituals at the sacred Ghats of the Ganga in Haridwar. This legal action comes in the wake of growing concerns over privacy violations facilitated by social media platforms, particularly YouTube.
High Court’s Directive
The Delhi High Court directed the petitioners to use the mechanism provided under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which are designed to handle grievances related to online content.
Response from YouTube
Following the court’s directive, Adv. Sachdeva and Adv. Gulati submitted an extensive list to YouTube’s Grievance Officer, documenting 589 videos published across 33 different youtube channels. This list detailed the nature of the content and included links to the specific videos violating privacy and explicit content guidelines. Despite their efforts, the removal of these videos was not comprehensive.
Appeal to the Grievance Appellate Committee:
This prompted the advocates to escalate the matter to the Grievance Appellate Committee. The committee, which oversees the enforcement of the IT Intermediary Rules, issued an interim order in Appeal No. 4618/2024, requiring specific evidence and further clarifications regarding the explicit nature of the content.
Interim Order and Compliance
In response to the interim order dated September 3, 2024, Adv. Sachdeva submitted a detailed response on September 9, 2024. Her response highlighted several key points:
– Consent Issue: Adv. Sachdeva emphasized the improbability of obtaining consent for such demeaning and vulgar content, especially involving women and minor girls. She argued that the nature of the videos, coupled with vulgar comments, clearly indicated a lack of consent, necessitating immediate action to prevent further harm.
– Explicit Content: While acknowledging the committee’s definition of explicit content, Adv. Sachdeva pointed out the challenges in individually marking explicit content in each of the 589 videos. However, she committed to providing timestamps indicating where explicit content begins and ends in each video to facilitate the review process.
– Vulgar Comments: To expedite the removal process, Adv. Sachdeva attached screenshots of vulgar comments posted by viewers on these videos. These screenshots, along with the links to the respective videos, were provided in Annexure-1 of her submission.
Progress and Current Status
As of now, significant progress has been made with the removal of 378 out of the 589 videos initially reported. Adv. Sachdeva’s detailed response underscores persistent efforts to ensure that all inappropriate content is removed promptly.
Additional Measures
Due to these efforts of Adv Sachdeva, the Uttarakhand police have also put up warning boards on the sacred ghats of the Ganga, declaring that photography and videography on the ghats are criminal offenses. However, despite these measures, some individuals continue to make unauthorized videos and publish them on YouTube.
Conclusion
The initiative by Adv. Amita Sachdeva and Adv. Ajay Gulati highlights the importance of legal recourse and regulatory mechanisms in combating online content violations. Their persistence in following the prescribed procedures under the IT Intermediary Rules, 2021, and their continued advocacy before the Grievance Appellate Committee reflect a robust approach to safeguarding individual privacy and dignity in the digital age. The ongoing efforts and the committee’s involvement are crucial steps towards ensuring a safer and more respectful online environment.
