Mumbai: A Mumbai court has issued a contempt notice to Sundar Pichai, the CEO of Google, over YouTube’s alleged failure to comply with a takedown order concerning a defamatory video targeting NGO Dhyan Foundation and its founder, Yogi Ashwini. The notice was issued by the Additional Chief Judicial Magistrate’s Court at Ballard Pier on November 21, 2024. [Dhyan Foundation Vs Chief Executive Officer, Google LLC].
The matter is scheduled for a hearing on January 3, 2025.
Background of the Case
In March 2023, the Additional Chief Metropolitan Magistrate of the 38th Court, Ballard Pier, directed YouTube to remove a video titled “Pakhandi Baba ki Kartut”. The complaint, filed by Dhyan Foundation, alleged that the video contained false and malicious allegations intended to tarnish the reputation of the organization and its founder.
Despite the court’s directive, Dhyan Foundation claims that the video remains accessible on YouTube, prompting the filing of a contempt petition in October 2023 for non-compliance. The contempt notice was issued in November 2024.
Mumbai Court Holds Google CEO Accountable for YouTube’s Non-Compliance on Defamatory Content About Dhyan Foundation and Gaushala Activities
The objectionable content was widely shared on social media platforms and tarnished the image of the NGO and Yogi Ashwini, it said. In its contempt plea, the NGO said that the Bombay High Court had allowed their petition and directed YouTube on March 31, 2024, to remove the objectionable content.
Mumbai Court Issues Contempt Notice Over YouTube’s Failure to Act Against Defamatory Video About Dhyan Foundation and Its Founder
However, the video is still visible outside India on YouTube and everyone can watch it, the plea said. Google “intentionally and deliberately” did not remove the video in contempt of the HC order, the contempt plea said.
“Google was applying delay tactics and seeking adjournment on flimsy grounds, even as damage was caused to Dhyan Foundation's and Yogi Ashwini ji's immaculate character and reputation,” the NGO’s lawyer Raju Gupta argued before the court.
The notice has also been issued to the senior inspector of the local police station whom the NGO accused of not taking any action to get the video removed.
YouTube’s Defense and Court’s Response
YouTube, a platform owned by Google, has argued that it is protected as an intermediary under the Information Technology Act, 2000 (IT Act). It contended that defamation does not fall within the purview of content categories that can be blocked under Section 69-A of the IT Act and that disputes involving defamation should be addressed in civil courts rather than criminal courts.
However, the court rejected YouTube’s arguments, emphasizing that the IT Act does not explicitly preclude criminal courts from intervening in such matters. The magistrate held that technical objections raised by YouTube were unsustainable, stating:
“The procedure mentioned in the authorities cited by the respondent does not suggest that criminal courts lack jurisdiction to entertain such applications. Therefore, in my humble opinion, the ratio of the said authorities does not bar the maintainability of the present application.”
The court further noted that the defamatory nature of the video was not disputed and underscored the potential harm its circulation could cause to public peace and order.
“The sentiments of followers of any organization in India are very sensitive, particularly in matters of belief. If such videos are not restricted, it may pose a threat to public order and the security of the State,” the order stated.
Legal Significance
The contempt notice issued against Sundar Pichai signals a broader issue regarding intermediary liability under Indian law and the jurisdiction of criminal courts in addressing such grievances. While YouTube claims immunity as an intermediary, the court’s order reiterates that platforms have a duty to comply with judicial directives, particularly in cases involving public sentiment and potential threats to public order.
Next Steps
The contempt case is set to be heard on January 3, 2025. The outcome of the case could have significant implications for intermediary liability under Indian law and the responsibilities of platforms like YouTube in addressing defamatory content.
This case underscores the evolving landscape of content regulation in India and the balancing act between intermediary protections and the enforcement of judicial orders.
About Dhyan Foundation
Dhyan Foundation, established in 2002, is a global voluntary organization dedicated to preserving and disseminating the ancient Indian sciences of Yog, Ayurved, Mantras, Meditation, Healing, Yagyas, and Vedic Martial Arts, following the Guru-Shishya Parampara. Guided by the teachings of Yogi Ashwini, the foundation operates over 45 shelters, has rescued and cared for 70,000+ animals, empowered 2,000+ women, and runs free schools for underprivileged children.
With its commitment to aiding creation, Dhyan Foundation has become a beacon of selfless service, rural sustainability, and spiritual enrichment. Inspired by Yogi Ashwini’s vision of “protecting and providing for the weaker,” the foundation is supported by volunteers from all walks of life, ensuring free food distribution and education while promoting India’s rich Vedic heritage worldwide.
