Deletion of objectionable content from platform ‘not possible’, WhatsApp tells Supreme Court

WhatsApp Inc on Thursday told the Supreme Court that the removal of objectionable content relating to child pornography from the platform was “not possible” on account of end-to-end encryption..While hearing the case concerning the protection of children vis-à-vis child pornography and taking down such content from digital media platforms, Senior Counsel Kapil Sibal, appearing for WhatsApp, made this submission..The Bench of Justices Madan Lokur and UU Lalit noted that all entities, be it Google, Facebook, YouTube, Microsoft or WhatsApp, had different reactions to tackle the problem of circulation of unlawful and objectionable content through social media platforms..The case was admitted by the Court on its own motion based on a letter written by an NGO Prajwala to the Apex Court highlighting this menace..In the previous hearing in the case on November 28, the Centre had proposed certain actions that can be taken by Google and other similar entities to curtail circulation of such content..These proposals included setting up of monitoring tools powered by Artificial Intelligence to facilitate auto-deletion of illegal content, and appointment of contact officers and escalation officers based out of India, among others..The suggestions also included setting up of a round-the-clock mechanism to handle requisition of law enforcement agencies to look into complaints in this regard, as well as quick disposal of such requisitions to ensure deletion of unlawful content..It was in response to these suggestions that WhatsApp Inc submitted that deletion of content was “not possible”..“Insofar as the suggestions given by the Union of India as mentioned in the order dated 28th November 2018 are concerned, it appears that each of the different entities have a different reaction to them. Google and Youtube have one reaction. Facebook, Microsoft and Whatsapp each have different reactions..… It is submitted by Mr. Kapil Sibal, learned senior counsel appearing for Whatsapp that they have an end-to-end encryption technology due to which it will not be possible to remove the contents.”.The Court has directed all these entities to submit a draft action plan/SOP for the implementation of these suggestions while making a note that all parties were in agreement that child pornography needs to be “stamped out”..“Everybody is agreed that the child pornography, rape and gang rape videos and objectionable material need to be stamped out.”.The said proposed draft is to be filed in the Court Registry on December 10 with an advance copy of the same given to the Amicus Curiae and the Counsel for the petitioners and the Centre..The Court will hear the matter next on December 11 at 2 PM..In May this year, the Court had imposed costs of Rs 1 lakh each on Yahoo, Facebook Ireland, Facebook India, Google India, Google Inc., Microsoft and WhatsApp for their lethargic response to disclose steps taken to curb the circulation of child pornography on their platforms..Yesterday’s order notes that the amount deposited by the companies will be disbursed to the Tamil Nadu Chief Minister’s Relief Fund set up for victims of cyclone Gaja..Read Order: