A Mumbai court has reportedly issued a contempt notice to Google CEO Sundar Pichai over YouTube’s failure to remove a defamatory video targeting the Dhyan Foundation and its founder, Yogi Ashwini. According to a report in Economic Times, the Additional Chief Judicial Magistrate’s Court in Ballard Pier took this action on November 21, 2023, after YouTube repeatedly failed to comply with a March 2022 court order to remove the video titled “Pakhandi Baba ki Kartut.”
While the contempt plea was filed in October last year, notice was issued last week. The NCO said that Google “intentionally and deliberately” did not remove the video which contained false and malicious allegations tarnishing its reputation.
It added, “Google was applying delay tactics and seeking adjournment on flimsy grounds, even as damage was caused to Dhyan Foundation and Yogi Ashwini ji’s immaculate character and reputation,” the NGO said.
The Dhyan Foundation, an animal welfare organization, filed a contempt petition in October 2022, arguing that YouTube’s continued hosting of the video, even outside India, was defamatory and damaging to its reputation.
What Google said on the court order
YouTube, claiming intermediary immunity under the IT Act, argued that defamation does not fall under the categories listed in Section 69-A of the Act. The platform stated that such grievances should be addressed in civil courts, not criminal courts.
What the court said
The court, however, rejected YouTube’s technical objections, stating that the IT Act does not explicitly bar criminal courts from intervening in such matters. “So far the authorities filed by the respondent are salutary for me. In the said authorities the procedure is mentioned. However, nowhere it is mentioned that the criminal court has no jurisdiction to entertain such an application. Therefore, in my humble opinion, the ratio of above said authorities will not bar maintainability of the present application,” the order said.
The contempt case is scheduled for further hearing on January 3, 2024.