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A Mumbai court has issued a contempt notice to Google CEO Sundar Pichai after YouTube failed to comply with a March 2022 court order to remove a video titled "Pakhandi Baba ki Kartut". The video allegedly contains defamatory content against the Dhyan Foundation and its founder, Yogi Ashwini. The Additional Chief Judicial Magistrate's Court in Ballard Pier took this action in November last year.
The contempt plea, filed in October 2022 by the Dhyan Foundation, which is an animal welfare NGO, argued that Google had "intentionally and deliberately" failed to remove the defamatory video, a report by Economic Times states. The NGO further alleged that 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".
Despite repeated demands for compliance, YouTube continued hosting the video, which the Foundation claimed was damaging to its reputation.
Google's Defence
In response to the contempt plea, YouTube invoked intermediary immunity under the IT Act, arguing that defamation does not fall under the categories listed in Section 69-A. Google contended that grievances related to defamation should be addressed in civil courts, not criminal courts.
The Court's Ruling
Rejecting YouTube’s arguments, the court stated that the IT Act does not explicitly bar criminal courts from intervening in such cases. “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 court stated.
The case has been scheduled for its next hearing on January 3, 2024.
Growing Legal Challenges For Google
The contempt notice adds to Google’s growing regulatory troubles in India. The tech giant is also under investigation by the Competition Commission of India (CCI) following a complaint by gaming company WinZO, which accuses Google of anti-competitive practices in the gaming market.
This comes after hefty penalties were imposed on Google in 2022 for abusing its dominance in the Android mobile ecosystem and Play Store.