A Mumbai Court has issued a contempt notice against Google CEO Sundar Pichai following YouTube’s non-compliance with a previous order by the Bombay High Court, that directed the platform to take down an allegedly defamatory video on NGO Dhyan Foundation and Yogi Ashwini, its founder, as per a report by Inc42.
The notice, by the Additional Judicial Magistrate’s court in Ballard Pier dated November 21, observed that the video sharing platform had failed to comply with the March 2023 order, noting that the video, titled “Pakhandi Baba ki Kartut”, remained accessible outside India.
The court further sought answers from Pichai as to why it should not initiate contempt proceedings in light of the non-compliance, the report also said. The matter has been scheduled for further hearing on January 3, 2025.
Dhyan Foundation’s Stance
The NGO, on its part, made its case saying YouTube had “intentionally and deliberately” failed to remove the video.
“Google was applying delay tactics and seeking adjournments on flimsy grounds, even as damage was caused to Dhyan Foundation and Yogi Ashwini Ji’s immaculate character and reputation,” it reportedly said in its plea. The foundation had originally filed the petition seeking a contempt notice back in October 2023.
YouTube’s response
YouTube’s defense rested on invoking “intermediary immunity” under the Information Technology (IT) Act. The platform argued that Section 69A of the IT Act does not cover defamation as a category of content that can be blocked and suggested addressing such grievances in civil courts.
The court, however, dismissed this objection, noting that the IT Act did not prevent criminal courts from intervening in such matters. It further remarked that if left unrestricted, the videos might pose a threat to public order and state security, as in India sentiments of the followers of any organisation are “very sensitive, particularly regarding beliefs”. It also noted that the defamatory nature of the video was undeniable.
Google’s woes in India
This legal battle is part of a broader pattern of regulatory scrutiny facing Google in India. Recently, the Competition Commission of India (CCI) initiated a probe into the company for allegedly abusing its dominant position in the app marketplace. Earlier this year, the antitrust watchdog investigated Google’s user choice billing system, with Indian startups alleging excessive commission rates of 11-26% on alternative billing systems.
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