Supreme Court asks Centre to consider mechanism against cybercrime and digital harms

The Supreme Court on Tuesday asked the Centre to consider a representation seeking remedial measures to address serious forms of cybercrime, including threats of physical violence, disclosure of private information and non-consensual intimate content.

A bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana was hearing a PIL filed by Narendra Kumar Goswami, who appeared in person, seeking the creation of an effective supervisory mechanism to deal with grave unlawful digital harms.

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During the hearing, Goswami used a hypothetical example to highlight the urgency of the issue. He asked whether a woman's home address, accompanied by a rape threat and posted online at 9 pm, could be allowed to remain accessible.

The CJI said the petitioner had "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.

Goswami told the court that the concerns raised in the PIL had already been brought to the attention of the authorities through a representation.

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

In its order, the bench said the PIL sought directions for an effective supervisory mechanism to address "grave unlawful digital harms". These included acts or threats of physical violence, dangerous toxins, disclosure of private particulars such as children's school locations, non-consensual intimate content and harmful digital impersonation.

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The plea said such cybercrimes could seriously affect fundamental rights, including the rights to equality, freedom of speech, privacy, dignity and life.

The petitioner also referred to regulatory frameworks in other countries and the measures adopted by various jurisdictions to address unlawful digital activities.

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

At this stage, the court said the appropriate remedial action was for the authorities to consider the concerns raised in the representation.

It directed the three ministries, along with other stakeholders, to examine the issues raised and take such remedial measures as may be required.