Google is under the legal radar again. A Mumbai court has issued a contempt notice against the CEO Sundar Pichai. The notice has been sent against YouTube’s failure to remove a defamatory video targeting the Dhyan Foundation and its founder, Yogi Ashwini. The video goes by the title of “Pakhandi Baba ki Kartut” and the court had ordered to take down the video in March 2022 itself.
Failure to do so resulted in another notice that was issued by the Additional Chief Judicial Magistrate’s Court in Ballard Pier on November 21, 2023. This follows a contempt plea filed by the Dhyan Foundation in October 2022. The NGO accused Google of deliberately ignoring court orders and engaging in delay tactics. The video was still available on the platform and the NGO claims that it tarnished the reputation of Yogi Ashwini.
Google replied to this stating that it had intermediary immunity under the Information Technology (IT) Act. Further, the tech giant argued that the matter should be addressed in civil courts. They argued that defamation is not explicitly listed under Section 69-A of the Act. Even YouTube said that its platform acts as an intermediary and cannot be held liable for user-generated content under the current laws.
However, the court rejected these claims by Google and clarified that the IT Act does not restrict criminal courts from intervening in such cases. Further, the order stated that procedural limitations cited by Google do not override the court’s jurisdiction in addressing the contempt plea. The next hearing for the case is scheduled on January 3, 2024.
While we wait to see how this case turns out, this is not the only legal implication for Google in India. It is also being investigated by the Competition Commission of India (CCI) following a complaint from gaming platform WinZO. This is similar to other antitrust cases that it is facing in the US and Canada.