[2018 (1) CTC 506]
This case arose from the unfortunate circumstance of the death of a 19-year old student, allegedly after playing the online game “The Blue Whale Challenge”. This game required players to undertake 50 extreme tasks which eventually lead to them committing suicide. The Madras High Court took suo motu cognizance.
The court, while highlighting Google’s response and noting how difficult it is for law enforcement to get access to crucial information, reprimanded online services stating that they cannot abdicate their duties and responsibilities under law.
The court thus directed the Central Government to take appropriate steps to bring “Over The Top” services into a legal framework obliging them to comply with the laws of India and to provide the required information to the law enforcing agencies – “Methods must to be devised to ensure that those OTTs which could not be brought within such framework are not accessible in India.” The court also requested the government to amend laws and regulations so that Indian laws are applicable to these foreign services and law enforcement can get access to relevant information at crucial points.
