When YouTube did not comply with an order to remove a defamatory video, a Mumbai court issued a contempt notice to Google CEO Sundar Pichai.
Yogi Ashwini, the founder of the Dhyan Foundation, is the target of the contentious film.
The warning was sent by the Additional Chief Judicial Magistrate’s Court in Ballard Pier after YouTube persistently disregarded an order in March 2022 to take down the offensive video “Pakhandi Baba ki Kartut.”
Dhyan Foundation accuses Google of intentional non-compliance – Sundar Pichai
Accusations:
In October 2022, the Dhyan Foundation filed a contempt plea against Google, claiming that the company purposefully disregarded court orders in order to drag out the proceedings.
The contentious YouTube video is still accessible outside of India in spite of the court’s takedown order.
YouTube’s ongoing hosting of the video outside of India, according to the Dhyan Foundation, is defamatory and harms the name of the non-governmental organisation (NGO) and its founder.
YouTube cites immunity under IT Act
Legal Defense:
YouTube has responded to the accusations by claiming that the Information Technology (IT) Act grants it intermediary protection.
The platform contends that defamation is not one of the types of content covered by Section 69-A of the Act, which allows for content banning.
The court, however, rejected this argument, making it clear that criminal courts are free to get involved in these kinds of matters under the IT Act.
Next hearing scheduled for January 2025
Information:
The magistrate confirmed that the dissemination of the defamatory video could disturb public order and underlined the necessity for tech companies and their leaders to follow Indian court decisions. Even though Google’s legal team argued against the breadth of criminal jurisdiction, the court’s ruling emphasises how crucial it is to preserve reputational rights in delicate instances.
As the case develops, it might set a standard for handling complaints about content on international sites that operate in India.
January 3, 2025 is the date of the next hearing in this case. Separately, the Competition Commission of India (CCI) is looking into Google after gaming company WinZO submitted a complaint.
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Shubhangi Gupta is a distinguished content writer and the visionary founder of The Unpleasant – Acha Nahi Sabse Sacha. With a Master’s degree in Commerce from University of Lucknow, Shubhangi has seamlessly blended her academic background with her passion for reading and writing, embarking on a successful career as a content writer since 2019.
