Madras HC demands MeitY's action plan to tackle NCII menace

Justice N Anand Venkatesh, while hearing X vs Union of India, underscored the urgent need for an anonymous, tech-enabled framework to support NCII victims, noting many women suffer silently due to stigma and fear

In a significant move to address the growing menace of non-consensual intimate image (NCII) sharing online, the Madras High Court has directed the Ministry of Electronics and Information Technology (MeitY) to submit a comprehensive affidavit outlining a structured and victim-sensitive approach to content takedown. The directive follows a petition filed by a woman advocate whose private videos, allegedly recorded without her consent, were widely circulated on over 70 websites and platforms.

Justice N Anand Venkatesh, presiding over the case titled X vs Union of India, emphasized the pressing need for a dedicated, anonymous, and technology-driven framework to protect victims of NCII. He noted that many survivors, particularly women, are deterred from seeking help due to fear of stigma and further humiliation. “Not all girls are going to give complaint to the police and many are going to silently suffer,” the judge observed.

The petitioner informed the Court that the videos in question were created during a relationship based on false promises of marriage. Despite filing a police complaint, the explicit content kept resurfacing online, causing her repeated emotional trauma and reputational damage. She urged MeitY to deploy tools such as hash-matching, AI detection, and PhotoDNA to monitor, detect, and eliminate such content in real-time.

Court demands tighter digital oversight

MeitY stated that it had issued removal orders to major digital intermediaries, including Google, YouTube, Meta, and Telegram. The Department of Telecommunications also instructed internet service providers to block offending sites. However, 39 additional websites were found to be hosting the videos post-takedown, prompting the Court to seek stronger intervention mechanisms.

Justice Venkatesh also criticised the Tamil Nadu Police for the insensitive handling of the FIR, where male officers reportedly viewed the explicit footage in front of the complainant. The Court directed that only female officers should be assigned in such sensitive cases, and that the victim’s identity must be redacted from all records.

Describing the case as a potential model for future NCII-related proceedings, the Court has asked MeitY to develop a victim-friendly, anonymous complaint process and submit its action plan before the next hearing on July 22.