TelecomLive April 2024

Legal Watch TelecomLIVE April 2024 73 www.telecomlive.com Regulatory & Legal Watch HC notice to Google for blocking account for uploading nude childhood photo The Gujarat high court has issued a notice to Google India Pvt Ltd for blocking the email account of the petitioner for "explicit child abuse" after he uploaded on Google Drive a photo of his grandmother bathing himwhen he was two years old. The tech giant blocked Mr Shukla's account in April last year for violating its policy regarding such contents showing "explicit child abuse". Mr Shukla moved the high court on March 12 after the company failed to resolve the issue through its grievance redressalmechanism. The petitioner also requested an urgent hearing, as he received a notice from Google stating that the data linked to his account would be deleted in April, a year after it was rendered inoperative. SC transfers pleas against IT Rules 2021 to Delhi HC The Supreme Court transferred to the Delhi High Court a batch of pleas pending before different high courts across the country challeng- ing the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2 0 2 1 . A b e n c h o f J u s t i c e s Hrishikesh Roy and PK Mishra noted that several petitions were pending on the issue before different high courts including Karnataka, Madras, Calcutta, Kerala andBombay high courts. "In order to avoid contradictory judgments, the Union of India would wish to have all matters c ons o l i da t ed f o r ana l ogou s hearing. Since a large number of these cases are pending consider- ation before the Delhi High Court, we deem it appropriate to transfer the matters in various HCs to the Delhi HC," the bench said. material on record, and after going through the sworn testimonies, material on record, impugned judgment and the submissions made at bar by both the parties has reached on an objective satisfaction that there is a prima facie case which requires deeper examination and re-appreciation/re-appraisal of entire evidence," Justice Dinesh Kumar Sharma said. "The court during the hearing has also noticed some contradic- tions in the judgement itself, which requires deeper examination. The court at this stage is required to have a prima facie helicopter view. Theremay be a possibility that such contradictions are explained by the defence during the hearing," the court said in its verdict on the CBI's "leave to appeal". The appeal was filed by the CBI in March 2018, but the aspect of 'leave to appeal' was heard by seven different judges before coming to Justice Sharma who reserved the verdict onMarch 14. The special court had on Decem- ber 21, 2017, acquitted Raja, DMK MP Kanimozhi and others in the CBI and ED cases related to the 2G scam. The CBI had alleged there was a loss of Rs 30,984 crore to the exchequer in allocation of licences for 2G spectrum which were scrapped by the top court on February 2, 2012. The apex court passed the order on a transfer petition moved by the Union of India for consolidation of all petitions at one high court to avoid divergent opinions. The top court had in May 2022 stayed further proceedings before the high courts inmatters involving challenge to the Information Technology (Intermediary Guide- lines and Digital Media Ethics Code) Rules 2021 or the Cable TelevisionNetworks (Amendment) Rules 2021. According to amended Informa- tion Technology Rules, social media and streaming companies will be required to take down contentious content quicker, appo int gr i evance redres sa l officers and assist in investigations. The 2021 Rules regulate the functioning of online media portals and publishers, OTT platforms and socialmedia intermediaries. Delhi HC admits CBI's appeal challenging acquittals in 2G scam case The Delhi High Court has admitted a CBI appeal against the acqu i t t a l o f f ormer t e l ecom minister ARaja and 16 others in the 2G spectrum allocation scam case, paving the way for hearing in the matter six years after the plea was filed by the agency. "The court on the basis of