Supreme Court Expands Scope of POCSO Act to include viewing Child Pornography
The Supreme Court has ruled that viewing child pornographic material on the internet constitutes an offence under Section 15 of the Protection of Children from Sexual Offences (Pocso) Act. Section 15 deals with the offence of storage or possession of child pornographic material with an intention to transmit the same. It was also held that the intention to transmit can be gauged from failure to delete and report the material.
The bench, consisting of the Chief Justice of India and Justice J.B. Pardiwala, clarified their conclusion with an example. In this illustration, if ‘A’ regularly watches child pornography online without downloading or storing it on his device, he would still be considered to be in possession of the material. This is because, while watching, ‘A’ exercises significant control over the content, such as sharing, deleting, enlarging, or adjusting the volume. Additionally, since he voluntarily views the material, it implies that he has knowledge of and control over it.
Case: Just Rights For Children Alliance v. S. Harish
Case Details: Criminal Appeal Nos. 2161-2162 Of 2024
You can read more about it here.
Karnataka High Court restrains Youtubers from Sharing Live Court Streams
The Karnataka High Court on Tuesday issued an order restraining media agencies and individuals from sharing videos of live-streamed court proceedings without authorization. The Court directed platforms like YouTube, Facebook, and X (formerly Twitter) to delete any videos that were posted in violation of the existing rules. Certain media agencies were also restrained from displaying such videos on their channels.
The order came in response to a petition filed by the Advocates Association Bengaluru, seeking a directive from the Centre restraining individuals, video-makers, media agencies, etc., from illegally using court proceedings of live streamed videos. The High Court noted that rules prohibiting the sharing of these videos are already in place and that a disclaimer was being displayed to inform viewers not to misuse the content. The petition was filed after controversial videos of Justice V. Srishananda of the High Court surfaced online. In one video, he was seen referring to an area in Bangalore as “Pakistan“.
Case Name: Advocates Association Bengaluru v. Union of India
Case Details: Writ Petition No. 26229 / 2024 (GM-RES)
You can read more about it here. You can access the order copy here.
PIL Filed in Bombay High Court Seeks Ban on Online Rummy in Maharashtra
A Public Interest Litigation (PIL) has been filed in the Bombay High Court seeking a ban on the online game of Rummy in Maharashtra, arguing that it is a game of “chance” and constitutes gambling. The petitioner claims that apps like Junglee Rummy and Rummy Circle promote “online gambling,” which violates the Public Gambling Act, 1867, the Bombay Prevention of Gambling Act, 1887, and the Bombay Wager Act. The petition also requests the State to ban these apps and urges Google to stop providing servers to support them.
During the hearing, the respondents, argued that the PIL is not maintainable, stating that several High Courts have already ruled that Rummy is a game of skill, not chance.
The Court, led by a Division Bench of Justice Devendra Kumar Upadhayay and Justice M.M. Sathaye, asked the respondents State, Google, Junglee Rummy and Rummy Circle, to file affidavits on the issue of maintainability and explain how online Rummy qualifies as a game of skill.
Case: Ganesh Ranu Nanaware v. State Of Maharashtra
Case Details: CRPIL/17/2024 [Criminal]
You can read more about it here.
Diljit Dosanjh Served Legal Notice Over Alleged Ticket Price Manipulation
Singer-actor Diljit Dosanjh has made headlines after being served with a legal notice for allegedly manipulating ticket prices for his Dil-Luminati concert in Delhi. The notice was issued by Riddhima Kapoor, a law student from Delhi, who claims she was unable to purchase a ticket due to unfair practices by the organizers.
Kapoor has alleged that the concert organizers manipulated ticket availability, leading to scalping and inflated prices. She mentioned that although ticket sales were scheduled to start on September 12 at 1 pm, passes were made available a minute earlier and sold out immediately.
You can read more about it here.
Zomato serves legal notice to Viagogo for unauthorized Diljit Dosanjh concert ticket sales
Following the above development of a notice served to Diljit, Viagogo, a multinational ticket exchange platform, was found reselling tickets for both Coldplay and Diljit Dosanjh at exorbitant prices. In response, Zomato’s ticket platform, Zomato Live, has sent a legal notice to Viagogo for unauthorized sales of Diljit Dosanjh concert tickets, as Zomato is the official partner for selling tickets to the singer’s upcoming concert. Zomato Live has also filed cybercrime complaints against several other secondary ticket platforms for similar issues.
You can read more about it here.
Tamil Nadu Gaming Authority Takes Legal Action Against Influencers for Promoting Online Betting
For the first time, the Tamil Nadu Online Gaming Authority (TNOGA) has taken legal action against several YouTubers, Instagram influencers, and a private firm for promoting online betting and gambling platforms. These social media personalities, who primarily vlog about food and cinema, subtly promoted offshore fantasy games, poker, and rummy, enticing users with promises of cash rewards of up to ten lakh per day for small deposits.
TNOGA issued showcause notices to the individuals and entities, questioning why their access should not be blocked in Tamil Nadu. After receiving unsatisfactory responses, TNOGA initiated legal proceedings at the Metropolitan Magistrate Court, Saidapet. If found guilty under the Tamil Nadu Online Gaming Act, the accused could face fines ranging from five lakh to ten lakh and up to three years in prison. Additionally, some film celebrities, who promoted betting apps via short-lived Instagram stories, are also under investigation. A private firm was also pulled up for advertising betting apps through taxi stickers in Chennai.
You can read more about it here.
Coldplay Concert Ticket Controversy: Lawyer Files Complaint Against BookMyShow
Amit Vyas, a lawyer and founder-partner of Mumbai law firm Vertices Partners, has filed a police complaint against BookMyShow, Live Nation, and other promoters of the upcoming Coldplay concert in Navi Mumbai, alleging black marketing of tickets. Vyas was logged out while attempting to book tickets on September 22, prompting him to investigate and uncover similar experiences among others.
The complaint, now under investigation by the Economic Offences Wing (EOW) of Mumbai police, claims that BookMyShow and Live Nation used ticket bots to create artificial digital queues, blocking genuine fans from purchasing tickets. Vyas also alleged that a large number of tickets were diverted to the secondary marketplace, Viagogo, where they are being sold at inflated prices — up to 50 times higher than their original price. The complaint calls for an FIR against BookMyShow, Live Nation, and their key personnel for offences such as cheating, organised crime, and criminal breach of trust. The EOW has issued summons to Ashish Hemrajani, CEO of BookMyShow, and the company’s technical head for inquiry.
You can read more about it here.
Enforcement Directorate Cracks Down on Illegal Betting Apps Linked to Chinese Nationals
In a significant operation against illegal online applications associated with Chinese nationals, the Enforcement Directorate (ED) has attached assets, including funds held in cryptocurrency wallets on Binance. According to sources, the investigation in Kolkata has revealed that Chinese nationals allegedly operated the illegal betting and gaming application, Fiewin, with the help of Indian accomplices.
The ED has arrested four Indian nationals connected to the case, who are currently in judicial custody. Fiewin was marketed as a platform for making quick and easy money, promoting simple games like Minesweeper and Colour Prediction that rely purely on luck rather than player skill.
You can read more about it here.
CBFC Requires Changes for Kangana Ranaut’s Emergency
The Central Board of Film Certification (CBFC) has issued a U/A certificate for Kangana Ranaut’s Emergency, requiring 13 changes. The CBFC mandated a disclaimer that the film’s events are “inspired by true events” to clarify that it may not reflect absolute truth.
Additionally, the board has ordered the removal of a dialogue between Bhindranwale and Sanjay Gandhi, along with three scenes that refer to Bhindranwale as ‘sant.’ The CBFC has also requested a reduction in violent content, particularly scenes depicting Sikhs inflicting violence on non-Sikhs.
You can read more about it here.
Legal Controversy Surrounds “Vicky Vidya Ka Woh Wala Video”
The film “Vicky Vidya Ka Woh Wala Video” has sparked controversy over its storyline, prompting producers Sanjay Tiwari and Gul Bano Khan to issue a legal notice to the film’s makers. Gul Bano revealed to IANS that she had registered the central idea of the film with SWA in 2015 as a writer, intending for Sanjay Tiwari to produce it, but the project was delayed. The legal notice was sent to T-Series, Balaji Motion Pictures, Wake Films LLP, Kathvachak Films, and AA Films Private Limited.
You can read more about it here.
Filmmaker S. Shankar Takes Action Over Copyright Infringement
Renowned Kollywood filmmaker S. Shankar has publicly criticized fellow directors for allegedly incorporating elements from the popular Tamil novel Veera Yuga Nayagan Vel Paari, authored by CPI(M) Madurai MP and writer Su Venkatesan. During a press conference for his film Indian 2, Shankar shared that he was inspired to develop a screenplay based on Su Venkatesan’s book, planning a three-film franchise.
However, Shankar expressed his frustration over the unauthorized use of content from the book by other directors. In a detailed post on X, he reiterated that he holds the copyright to Veera Yuga Nayagan Vel Paari and warned that he would pursue legal action against any infringement of his rights.
You can read more about it here.
Delhi High Court Restrains Social Media Influencer from Making Disparaging Remarks Against Complan
In the case of Zydus Wellness Products Ltd. v. Prashant Desai, the Delhi High Court addressed a dispute where Zydus, the plaintiff, sought an injunction to restrain the defendant, a social media influencer, from making disparaging statements about their product ‘Complan’ through social media posts and videos. The plaintiff argued that the statements made by the defendant were false, misleading, and harmful to their product’s reputation, targeting ‘Complan’ as unhealthy for children. The court held that the defendant, lacking medical qualifications and making unsubstantiated claims, had crossed the line of responsible expression as a social media influencer. Consequently, the court ruled in favor of the plaintiff, granting an injunction to take down the content and restraining the defendant from making any further disparaging remarks against the brand.
Read order here.
