The next hearing in the case is scheduled for January 3, 2025
In March, the Bombay HC directed YouTube to takedown a contentious video but the big tech major cited “intermediary immunity” for not complying with the orders
At the heart of the legal dispute is a YouTube video titled ‘Pakhandi Baba ki Kartut’, which centres around animal welfare NGO Dhyan Foundation and its founder Yogi Ashwini
A Mumbai court has issued a contempt notice to Google CEO Sundar Pichai after YouTube allegedly disregarded a previous Bombay High Court (HC) ruling that directed the video-sharing platform to remove an alleged defamatory video.
“Applicant absent, advocate present. Argument heard… Counsel for the applicant is present. Heard his argument and perused the documents on record. Issue notices to the respondents…,” read the notice dated November 21.
As per Bar and Bench, the additional chief judicial magistrate’s court in Ballard Pier questioned why it should not initiate contempt proceedings against Pichai over “non-compliance” by YouTube. The next hearing in the case is scheduled for January 3, 2025.
The focal point of the legal dispute is a YouTube video titled ‘Pakhandi Baba ki Kartut’, which centres around animal welfare organisation Dhyan Foundation and its founder Yogi Ashwini.
In a contempt petition in October last year, the non-profit alleged that Google “intentionally and deliberately” did not remove the video which contained false and malicious allegations tarnishing its reputation.
Subsequently, in an order dated March 31, the Bombay HC directed YouTube to takedown the contentious video. However, the organisation claimed that the Google-owned platform ignored the court order “deliberately”, adding that the content is still available on the platform.
Arguing before the lower court, YouTube invoked “intermediary immunity” under the IT Act for not complying with the orders of the HC. YouTube contended that defamation does not fall under categories for content that can be blocked under Section 69-A of the IT Act, adding that such grievances should be addressed in civil courts.
However, the court dismissed the objections raised by YouTube, saying that the IT Act does not completely prohibit criminal courts from intervening in such matters.
The court noted that the defamatory nature of the video is undeniable and its continued circulation is damaging the public image of the NGO.
Notably, this is not the first time that Google has found itself embroiled in a controversy in the country. Last month, the Competition Commission of India (CCI) ordered a probe into the tech giant for allegedly abusing its dominant position in the app marketplace segment.
Earlier this year, the antitrust watchdog also ordered an investigation into Google’s controversial user choice billing system after multiple Indian startups alleged that the big tech major was charging them a hefty 11-26% commission on payments through alternate billing systems.
Previously, in 2022, the antitrust watchdog fined Google more than INR 2,200 Cr in two separate cases involving abuse of dominance in the Android devices market and with regards to its Play Store policies.
