CHENNAI: The Union Ministry of Electronics and Information Technology has put in place a standard operating procedure (SOP) to curb hosting of non-consensual intimate imagery (NCII) contents on social media and other online platforms as per the orders of the Madras High Court.
A copy of the SOP was submitted before Justice M Dhandapani on Tuesday when a petition filed by a woman advocate seeking removal of her NCII contents from online platforms came up for hearing.
The SOP provides guidance and procedure for an individual seeking to request an intermediary or an appropriate government or its agency either directly or through a duly authorised person or entity or government or its agency for removal or disabling access to any information, data or communication link which violates the privacy of the individual as prescribed in IT Act, 2000 including the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Indecent Representation of Women (Prohibition) Act, 1986 and the BNS, 2023.
The affected women can approach the one-stop centres (OSCs) set up by the Union Ministry of Women and Child Development or directly approach the intermediaries, the National Cybercrime Reporting Portal (NCRP) or the local police. Upon receipt of complaints on dissemination of NCII contents, the OSC shall provide the victim assistance with the NCRP, give legal or psychological counselling, assistance to file complaint with the local police and assist the individual to get legal assistance through the district legal services authority or empanelled lawyers.
According to the SOP, the affected persons or person, entity, appropriate government or its agency on their behalf, can approach the intermediary/website concerned to remove the content either through their user reporting channel/ by contracting the grievance officer concerned appointed by the intermediary.
The individual may also report to the particular intermediary through the NCRP. In case there is no response from the grievance officer of the intermediary within the stipulated time or is dissatisfied with the resolution offered by the grievance officer, the complainant may appeal before the Grievance Appellate Committee against such decision or failure to act on complaints.
The intermediaries, upon receiving complaints, shall remove or disable access to the NCII content within 24 hours.
As far as the law enforcement agencies - police - are concerned, the SOP mandates them to report the content on NCRP immediately and through Sahyog portal. The agencies shall register a complaint, if preferred by the person lodging the complaint, and take further action.
