SC asks Centre to treat PIL for supervisory mechanism against digital harms as representation

The Supreme Court on Tuesday asked the Centre to consider a representation seeking remedial measures to deal with serious forms of cybercrime, including threats of physical violence, disclosure of private information such as children's school locations and non-consensual intimate content.

A bench headed by chief justice Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a PIL filed by Narendra Kumar Goswami, appearing in person, seeking the creation of an effective supervisory mechanism to address grave unlawful digital harms.

During the hearing, Goswami posed a hypothetical situation to underline the urgency of the issue, asking whether a woman's home address, accompanied by a rape threat, posted online at 9 pm could be allowed to remain accessible.


The CJI said that the petitioner "highlighted very well" the various modes, kinds and facets of cybercrime.

"How to detect them and what preventive measures are to be taken are matters for domain experts," the CJI said.

The petitioner told the court that the issues had already been raised before the authorities concerned through a representation.

When the CJI asked whom the representation had been addressed to, Goswami said it had been submitted to the Centre through the secretaries of the Ministry of Electronics and Information Technology, the Ministries of Home Affairs and the Law and Justice.

The bench, in its order, said that the PIL sought directions for an effective supervisory mechanism to deal with "grave unlawful digital harms", including acts or threats of physical violence, dangerous toxins, disclosure of private particulars, including children's school locations, non-consensual intimate content and harmful digital impersonation.

The plea said that such cyber crimes seriously impinge upon fundamental rights, including the rights to equality, freedom of speech, privacy, dignity and life.

The petitioner had also drawn a comparison with international regulatory frameworks and the different measures adopted by other jurisdictions to tackle unlawful digital activities.

The bench noted that the petitioner had already raised the issues in a representation dated June 22 addressed to the ministries concerned.

At this stage, the remedial action required was for the authorities concerned to consider the issues raised in the representation, the bench said.

It asked the three ministries along with all other stakeholders to examine the issues raised in the representation and take such remedial measures as may be required.