Sundar Pichai, CEO of tech giant Google, has been issued a contempt notice by a Mumbai court over the alleged failure of YouTube, a Google subsidiary, to remove a defamatory video targeting the NGO Dhyan Foundation and its founder, Yogi Ashwini. The case underscores the challenges of enforcing content regulation and raises questions about the accountability of global tech platforms.
Background of the Case
The controversy began with a court order issued in March 2022 by the Additional Chief Judicial Magistrate’s Court in Ballard Pier, Mumbai. The court directed YouTube to remove a video titled “Pakhandi Baba ki Kartut”, which allegedly defamed the Dhyan Foundation and its spiritual leader, Yogi Ashwini. Despite this order, the video remains accessible outside India, leading to accusations of non-compliance against YouTube and its parent company, Google.
Non-Compliance and Allegations
On November 21, 2023, the Mumbai court issued a contempt notice against Sundar Pichai, holding him accountable for YouTube’s repeated failure to comply with the takedown directive. The notice follows a contempt plea filed by the Dhyan Foundation in October 2022, accusing Google of deliberately ignoring the court’s orders and delaying the removal of the content.
The NGO has claimed that the continued availability of the defamatory video has tarnished its reputation and caused significant harm to its founder. The video, while restricted within India, reportedly remains accessible in other countries, further exacerbating the issue.
Google’s Defense
In its defense, YouTube invoked the Information Technology (IT) Act, arguing that as an intermediary, it is protected under the Act. Specifically, YouTube contended that defamation is not listed among the categories of content that can be blocked under Section 69-A of the IT Act, which provides the legal framework for restricting online content in India.
However, the court dismissed these arguments, emphasizing that the IT Act does not preclude criminal courts from taking action in such cases. The rejection of YouTube’s defense highlights the court’s stance on the accountability of intermediaries in matters of defamation and compliance with judicial orders.
Court’s Position and Next Steps
The court’s decision to issue a contempt notice to Sundar Pichai reflects the seriousness of the allegations and the expectation that global tech leaders ensure compliance with local laws. The next hearing in the case is scheduled for January 3, 2025, where further proceedings will determine the course of action against Google and YouTube.
Broader Implications for Tech Platforms
This case adds to the growing scrutiny of global technology companies operating in India. It raises critical questions about the responsibilities of platforms like YouTube in moderating content and adhering to judicial directives. The legal battle also highlights the tension between global digital platforms and the regulatory frameworks of individual nations.
Adding to Google’s challenges, the company is also under investigation by the Competition Commission of India (CCI) following a complaint from gaming platform WinZO. This complaint alleges anti-competitive practices by Google in its app store policies, further intensifying the scrutiny faced by the tech giant in India.
Conclusion
The contempt notice against Sundar Pichai signifies a pivotal moment in the ongoing dialogue about the accountability of digital platforms. As the case progresses, it may set a precedent for how courts enforce compliance with judicial orders against global tech companies. For Google and YouTube, this is yet another reminder of the complex regulatory landscape they navigate in one of the world’s largest digital markets.