Mumbai court issues contempt notice to Google CEO Sundar Pichai over defamatory YouTube video

A Mumbai court has issued a contempt notice to Google CEO Sundar Pichai following YouTube’s failure to comply with an earlier order to remove a reportedly defamatory video targeting the NGO Dhyan Foundation and its founder, Yogi Ashwini. The Additional Chief Judicial Magistrate’s Court in Ballard Pier issued the notice on November 21, questioning why contempt proceedings should not be initiated against Pichai for the platform’s non-compliance with its March 2023 directive.

The video, titled “Pakhandi Baba ki Kartut,” remains accessible outside India despite the court’s takedown order. The case, filed by Dhyan Foundation, which focuses on animal welfare, has been scheduled for a further hearing on January 3, 2025.

In its contempt plea, the Dhyan Foundation claimed that YouTube, owned by Google, had “intentionally and deliberately” failed to remove the objectionable video, which it says tarnishes the reputation of the NGO and its founder. The plea accused Google of delaying compliance and seeking adjournments on “flimsy grounds” while harm continued to be inflicted on the organisation’s image.

“Google was applying delay tactics, even as damage was caused to Dhyan Foundation and Yogi Ashwini Ji’s immaculate character and reputation,” the NGO stated in its petition.

YouTube has cited immunity under the Information Technology (IT) Act, arguing that defamation does not fall within the categories of content listed in Section 69-A, which allows for blocking content. The platform contended that such disputes should be addressed in civil courts, not criminal ones. However, the court rejected these arguments, ruling that the IT Act does not explicitly bar criminal courts from intervening in such cases.

“The sentiments of followers of any organisation in India are very sensitive, particularly regarding beliefs. Therefore, if those videos are not restricted, it may pose a threat to public order and security of the State,” the court stated. It also highlighted that the defamatory nature of the video was undisputed and that its continued circulation could harm public peace.

According to YouTube, it takes the safety of its users very seriously and provides mechanisms for individuals to flag videos for attention through its Help & Safety Tool. It also allows users to file privacy or defamation complaints via an online web form, which is evaluated on a case-by-case basis.

In this specific case, as per YouTube, the identified video has been blocked in India based on the court order, in compliance with local laws. However, the NGO’s contempt application remains pending.