Obscene Content on YouTube Violates Children's Right to Dignity and Protection — Madras High Court Directs Removal of ‘Bad Girl’ Teaser Alleged to Contain Child Pornography

“State Must Not Wait for Court Orders to Act on Child Exploitation” — Madras High Court Rebukes Authorities for Inaction on Online Sexual Abuse Material. Madras High Court, in a significant judgment addressing the digital dissemination of obscene content involving children, directed the Union Government to take immediate action to remove the teaser of the Tamil film ‘Bad Girl’ from YouTube, after it was alleged to contain elements of child pornography. In R. Ramkumar & Others v. Union of India & Others, Justice P. Dhanabal held that State authorities had failed in their constitutional and statutory duties by not acting on the petitioners’ complaints.

While the Court refrained from directing criminal prosecution due to lack of detailed particulars about the accused, it emphasized the constitutional mandate to safeguard the moral and emotional well-being of children, invoking Articles 21, 39(f), and 45 of the Constitution.

“It is the duty of the State to protect the children in all respects. Without social responsibility, the said obscene pictures have been uploaded in social media. Therefore, it cannot be allowed to continue.” — Justice P. Dhanabal

Allegations of Child Pornography in a Film Teaser

The writ petition was filed by three individuals, including Dr. S. Venkatesh, a legal professional and father of school-aged children, who claimed that on 1 February 2025, he watched the teaser of the Tamil film ‘Bad Girl’ on YouTube and was shocked to discover what he described as obscene and exploitative depictions of school children. He immediately filed complaints with the National Cyber Crime Portal, the Tamil Nadu Police, and the National Commission for Women. Two other petitioners made similar complaints.

Despite these representations, no action was taken by the authorities or the platform hosting the content, prompting the petitioners to approach the High Court seeking judicial intervention.

The teaser, hosted on YouTube since 26 January 2025, was alleged to have depicted school-aged children in sexually suggestive contexts, amounting to a continuing offence under Section 67B of the Information Technology Act, the POCSO Act, and related laws.

The Court examined whether the teaser amounted to child pornography and whether the authorities had fulfilled their duties under statutory and constitutional provisions.

Child Protection Under Constitutional Mandates

Citing Article 39(f) and Article 45, the Court reiterated the State’s duty to protect children from exploitation and provide early childhood care:

“The words ‘protection’ and ‘care’ have to be given the widest meaning. The State has to ensure protection against exploitation.”

It further warned of the psychological damage caused by unrestricted access to such content:

“If the children see the said contents of the videos, certainly it will spoil the mind of the children.”

Continuing Offence and the Role of Online Platforms

Though YouTube was not made a party, the Court dismissed this as a technicality, holding that:

“Considering the serious nature of the issue, this Court need not wait till the impleadment of YouTube as party... the Union Government is competent to issue directions.”

The Court acknowledged that while Google India claimed no role, the first respondent — the Union Government — has legal authority to direct removal under the Information Technology Act.

Failure of Statutory Authorities

Despite receiving complaints, the authorities took no action until the Court intervened. The Court was critical of this passivity:

“The respondents ought to have taken steps without waiting for orders from this Court, but they have not taken any action.”

This, the Court said, violated the fundamental right under Article 21, which guarantees dignity and protection of life.

No Direction for Criminal Prosecution

The Court declined to order criminal prosecution under POCSO or the POSH Act, noting:

“There are no necessary particulars provided and the proposed accused have to be identified... the petitioners are at liberty to approach appropriate authorities.”

Allowing the writ petition, the Madras High Court issued the following key direction:

“The first respondent is directed to take appropriate action to remove the said obscene contents and videos of the movie ‘Bad Girl’ hosted in YouTube either at https://www.youtube.com/watch?v=y87Jp51PF-s or any other address within one month from the date of this order.”

The Court also directed the National Commission for Protection of Child Rights and the National Commission for Women to monitor and ensure compliance with relevant laws to prevent child sexual exploitation in digital media.

This judgment is a landmark in enforcing digital accountability and child protection online. It reflects the Court’s concern for the rapidly growing problem of unregulated obscene content targeting or involving children, especially on widely accessed platforms like YouTube.

Justice Dhanabal’s ruling reinforces that constitutional values demand proactive governance, and waiting for judicial orders in such sensitive matters reflects a dereliction of duty. While criminal prosecution was left open to future complaint, the ruling sets a firm precedent for future digital content regulation under child protection laws.

“As long as it is in existence and visible to children, the number of victims may be increased. Therefore, it should be removed immediately.”