38.6c New Delhi, India, Saturday, September 27, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

AI cant detect consent Microsoft and Google tell Delhi High Court

By Shreya Agarwal      14 May, 2024 01:33 PM      0 Comments
AI cant detect consent Microsoft and Google tell Delhi High Court

NEW DELHI: Microsoft Corporation and Google LLC have argued before the Delhi High Court that it is not possible for Search Engines to automatically identify and take-down intimate images uploaded on the internet without the consent of the victim.

The submission was in their challenge to an order directing them to take down non-consensual intimate images (NCII) within 24 hours, failing which they would risk the loss of safe harbour protections under Section 79 of the Information Technology Act, 2000 (IT Act).

In a plea by them in this regard, the Delhi High Court had ordered Google and Microsoft to file a review petition against the order if they cannot comply with it.

The rationale behind the order was that access should be promptly disabled by the search engines themselves without requiring the victim to provide specific URLs for each violation separately.

However, Senior Advocate Jayant Mehta submitted to the Court,

Technology is evolving but we have not reached that stage yet. To say that you [search engines] are required to do it today otherwise your immunity is gone, that cant be. It is work in progress. I am endeavouring to reach it. But to say that I must do it today is not fair.

The Courts order, which directed search engines to issue a unique token upon the initial takedown of NCII, was aimed at reducing the burden on victims of NCII images, to reproduce links of the circulating violative content.

The rationale behind this was to provide a solution to the issue of victims having to keep track of, and repeatedly approach authorities with, specific URLs every time this content resurfaced.

The Court also pointed out that search engines failure to take down the violating content within 24 hours defeats the object of the IT Act and rules.

It therefore instructed for the assignment of unique tokens and that if the token resurfaced, the search engine would then be able to use pre-existing technology to take it down.

The Court also recommended using the hash-matching technology, and the development of a trusted third-party encrypted platform for registration of NCII content.

This too was aimed at reducing the victims burden. However, Google argued that the automated tools cannot pick out consent or the absence of it - the very foundation of non consensual intimate images.

Both Microsoft and Google said that this can therefore lead to the takedowns of consensually-shared sexual content, leading to privatized censorship and impingement of the freedom of speech.

 



Share this article:

About:

A wanderer, aspiring yogini and writer. Shreya is a lawyer by profession, journalist by passion. A g...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

'Without documentary proof, Waqf Board can't lay claim over any property' 'Without documentary proof, Waqf Board can't lay claim over any property'

In 2012, the Anjuman Committee addressed a letter to the Chairman of the Waqf Board stating there is a wall and Chabutrah (platform) on a 'Tiranga Ki Qalandari Masjid where in olden times laborers used to offer prayers.

Delhi High Court Sets Aside Arbitral Tribunal's Award Against NHAI in Highway Project Delay Case [Read Judgment] Delhi High Court Sets Aside Arbitral Tribunal's Award Against NHAI in Highway Project Delay Case [Read Judgment]

The Delhi High Court sets aside an Arbitral Tribunal's award favoring IRB Pathankot Amritsar Toll Road Ltd over a delay in a highway project. The court finds that the tribunal did not address the essential dispute of whether the National Highways Authority of India (NHAI) was in material default, rendering the award invalid.

Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order] Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order]

A Delhi court refuses to stay the defamation case filed by Union Cabinet minister Gajendra Singh Shekhawat against Rajasthan Chief Minister Ashok Gehlot. The court declined to stay the summons and sets a hearing date for August 19.

Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case

Delhi High Court is set to begin day-to-day hearings from August 28 for appeals by CBI and ED against acquittals in the 2G spectrum allocation case, expressing displeasure over adjournment requests. The case involves former telecom minister A Raja and business entities. Learn about the proceedings and details of the case.

TRENDING NEWS

sc-permits-ramlila-at-school-playground-in-up
Trending Judiciary
SC permits Ramlila at school playground in UP

SC allows Ramlila at UP school ground, noting 100-year tradition, but urges finding alternate sites to keep playgrounds free for students.

26 September, 2025 12:08 AM
sc-stays-hcs-order-on-composition-of-sit-formed-to-probe-tirupati-parasadam-row
Trending Judiciary
SC stays HC's order on composition of SIT formed to probe Tirupati parasadam row

SC stays Andhra Pradesh HC order on SIT composition in Tirupati prasadam row, clarifying CBI Director’s role in appointing investigation officer.

26 September, 2025 07:53 PM

TOP STORIES

calcutta-hc-dismisses-plea-against-bengali-singer-for-allegedly-insulting-lord-ram-cites-lack-of-evidence
Trending Judiciary
Calcutta HC Dismisses Plea Against Bengali Singer For Allegedly Insulting Lord Ram, Cites Lack of Evidence [Read Judgment]

Calcutta HC dismisses plea against singer Nachiketa Chakraborty over alleged remarks on Lord Ram, citing lack of evidence and jurisdiction.

22 September, 2025 10:43 AM
allahabad-hc-slams-police-for-recording-caste-of-accused-in-firs-terms-it-identity-profiling
Trending Judiciary
Allahabad HC Slams Police for Recording Caste of Accused in FIRs, Terms It “Identity Profiling” [Read Order]

Allahabad HC condemns police for recording caste of accused in FIRs, calling it identity profiling that violates fundamental rights and constitutional values.

22 September, 2025 11:04 AM
spouse-may-claim-damages-for-marital-interference-by-third-party-delhi-hc
Trending Judiciary
Spouse May Claim Damages for Marital Interference by Third Party: Delhi HC [Read Order]

Delhi HC allows spouse to sue lover for ‘alienation of affection’, recognizing civil action for intentional interference in marriage.

22 September, 2025 01:06 PM
sc-notice-to-centre-others-on-plea-for-court-monitored-probe-into-air-india-crash
Trending Judiciary
SC notice to Centre, others on plea for court-monitored probe into Air India crash

SC issues notice on plea for court-monitored probe into Air India crash that killed 260; petitioner seeks independent, transparent, and fair investigation.

22 September, 2025 02:27 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email