A Mumbai court has served a contempt notice to Google CEO Sundar Pichai, citing YouTube's failure to comply with a previous order to remove a defamatory video targeting the Dhyan Foundation and its founder, Yogi Ashwini. As reported by The Times Of India, the notice was issued by the Additional Chief Judicial Magistrate's Court at Ballard Pier on November 21, 2023, following accusations that YouTube disregarded a March 2022 directive to take down the video titled "Pakhandi Baba ki Kartut."


Allegations Of Non-Compliance


The Dhyan Foundation, an NGO focussing on animal welfare, filed a contempt petition in October 2022, claiming that YouTube’s refusal to remove the video — even on its platforms outside India — caused significant harm to its reputation and that of its founder. The foundation accused Google of intentionally delaying action and seeking unnecessary adjournments while continuing to host the defamatory content.


The organisation argued that the video contained false and malicious allegations, resulting in reputational damage. It emphasised that Google’s alleged tactics demonstrated a deliberate effort to avoid compliance with the court’s earlier ruling.


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Google’s Defense


YouTube, citing intermediary protections under the IT Act, argued that the content in question does not fall under Section 69-A of the Act, which outlines specific categories for content removal.


The platform also maintained that disputes related to defamation are better suited for civil rather than criminal courts.


Court’s Response


The court dismissed YouTube’s objections, stating that the IT Act does not explicitly exclude criminal courts from hearing such cases. In its order, the court noted: "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 case will be revisited during a scheduled hearing on January 3.


Broader Challenges For Google


Separately, Google is under scrutiny in another antitrust case filed by gaming company WinZO. This adds to the tech giant’s regulatory troubles in India, including penalties imposed by the Competition Commission of India (CCI) in 2022 for alleged abuse of its dominance in the Android ecosystem and Play Store. The CCI is now investigating Google's practices in the gaming sector.


This latest legal and regulatory pressure reflects the growing challenges Google faces in navigating India’s legal landscape.