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India issues contempt notice to Sundar Pichai over YouTube video
YouTube has failed to comply with the previous take down order

India issues contempt notice to Sundar Pichai over YouTube video

Dec 02, 2024
04:39 pm

What's the story

Google CEO Sundar Pichai has been issued a contempt notice by a Mumbai court after YouTube failed to comply with an order to take down a defamatory video. The controversial video is aimed at the Dhyan Foundation and its founder Yogi Ashwini. The Additional Chief Judicial Magistrate's Court in Ballard Pier issued the notice, after YouTube repeatedly failed to comply with a March 2022 order to remove the objectionable video "Pakhandi Baba ki Kartut."

Accusations

Dhyan Foundation accuses Google of intentional non-compliance

The Dhyan Foundation had filed a contempt plea in October 2022, accusing Google of deliberately ignoring court orders and thus, prolonging the process. Despite the court's takedown order, the controversial YouTube video continues to be available outside India. The Dhyan Foundation has contended that YouTube's continued hosting of the video outside India is defamatory and damaging to the non-governmental organization (NGO) and its founder's reputation.

Legal defense

YouTube cites immunity under IT Act

In response to the allegations, YouTube has claimed immunity as an intermediary under the Information Technology (IT) Act. The platform argues that defamation does not fall within the categories of content listed in Section 69-A of the Act, which permits blocking content. However, the court dismissed this claim, clarifying that the IT Act does not prohibit criminal courts from intervening in such cases.

Information

Next hearing scheduled for January 2025

The next hearing in this matter is scheduled for January 3, 2025. Separately, Google is also being investigated by the Competition Commission of India (CCI) on the basis of a complaint filed by gaming platform WinZO.