Delhi High Court seeks reply from WhatsApp on couple's plea to remove sexually explicit video

The Delhi High Court recently issued notice to WhatsApp and the Central government on a plea filed by a couple seeking directions for the removal of their sexually explicit videos from the messaging platform’s database and to ensure that the same is not circulated anywhere on the internet..It is stated that the couple (man aged 57 years and the woman aged 34 years) shot the videos with consent and it was shared on a WhatsApp group by mistake.They said that even though the video was immediately deleted by choosing the option “delete for all” but as per WhatsApp’s policy, the content shared on its platform is retained by it and that there is an apprehension that the intimate video may be shared on the internet..Justice Subramonium Prasad heard the matter and issued notices.He ordered WhatsApp to take steps on the grievances raised by the petitioners before the grievance authority.“Learned Counsel for Respondent No.1 (Union of India), accepts notice. On payment of process fee, let notice be issued to Respondent No.2 (WhatsApp) through all permissible modes. In the meantime, Respondent No.2 is also directed to take steps on the grievances raised by the Petitioners before the grievance authority,” the Court ordered..The petitioners had approached the grievance officer in February 2024 for removal of the videos from WhatsApp’s portal/ servers/ database/ cloud storage in entirety and to ensure that the same is not circulated on the portal.“However, the Respondent No. 2 (WhatsApp), despite being fully aware about the impact of any such circulation/leakage of Intimate Content showcased its complete insensitive behavior and failed to properly address the grievance of the Petitioners which was arbitrary, unreasonable, unjust, ineffective and insensitive on the part of the Respondent No. 2,” the Court was told.The couple argued that they are not able to live their normal lives as they are under constant fear of getting exposed to the public. They submitted that WhatsApp did not take any effective, reasonable or serious steps, nor did it adopt a sensitive approach to safeguard the reputation and rights of the petitioners. .Advocates Rajiv Mohan, Yogyata Jhunjhunwala and Vijay Kumar represented the petitioners.Advocates Vaibhav Gaggar, Sahaj Garg, Shefali Munde and Prerak Khurana represented the Union of India.