Sundar Pichai, CEO of Google, has been issued a contempt notice by a Mumbai court after YouTube failed to remove a defamatory video targeting the Dhyan Foundation and its founder, Yogi Ashwini. The video, titled “Pakhandi Baba ki Kartut,” has been at the centre of a legal battle since March 2022 when a court order instructed its removal.
Court’s Reprimand for Non-Compliance
On November 21, 2023, the Additional Chief Judicial Magistrate’s Court in Ballard Pier issued the contempt notice against Pichai, accusing YouTube of intentionally disregarding the court’s order. The Dhyan Foundation, a prominent animal welfare organisation, filed the original plea in October 2022, alleging that the video contained false and harmful claims that damaged its reputation.
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The NGO argued that Google was applying “delay tactics” and making excuses to avoid taking down the video, despite causing significant harm to the Dhyan Foundation’s credibility and to the reputation of Yogi Ashwini. In their statement, the foundation expressed frustration over YouTube’s continued hosting of the video, even after the initial court ruling.
YouTube’s Defence and Court’s Rejection
In its defence, YouTube, citing the Information Technology (IT) Act, argued that as an intermediary, it should not be held liable for the content posted by users. The platform claimed that defamation does not fall under the categories for government intervention as per Section 69-A of the IT Act, suggesting the matter should be dealt with in civil court instead of criminal court.
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However, the court dismissed YouTube’s technical objections, ruling that the IT Act does not prevent criminal courts from intervening in such cases. The court noted that there was no legal precedent stating that criminal courts lacked jurisdiction to handle such issues, thus affirming the validity of the contempt petition.
Continued Legal Proceedings
The contempt case will be heard again on January 3, 2024. This ruling highlights ongoing tensions between tech platforms and Indian legal authorities over issues of online content moderation.
