Thread by @LiveLawIndia

Delhi High Court to hear a suit filed by Aaradhya Bachchan, daughter of bollywood actors Abhishek and Aishwarya Rai Bachchan, against various YouTube channels over “fake news” reports regarding her health.

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The matter will be heard by Justice C Hari Shankar at 10:30 AM. Other details to follow.

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Hearing commences.

Senior Advocate Dayan Krishnan appears for Aaradhya Bachchan.

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Court to YouTube's counsel: Why don't you have some Policy in these matters? When you're told these types of YouTubes are circulating, should there not be some way of handling these things?

You're a YouTube platform, don't you have some responsibilty in such kind of things?

Court: You mean to say you're only providing a facility for people to only misinform the public!!!

You are providing a platform on which misleading information is circulating to public. How can such thing be tolerated?

Court to YouTube's counsel: Are you not profiting from each one of these? Are you allowing people to upload free?

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Court to YouTube's counsel: Suppose someone uploads misleading complaint, before someone comes to you and makes a complaint, it's multiplicated and replicated thousand times to public, this clause in your agreement is useless.

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Court to YouTube's counsel: I'm not on defamation. When there's a video circulating saying that a child is dead when a child is alive and kicking....so you need not monitor child pornography also.

#DelhiHighCourt #AaradhyaBachchan #YouTube

Corrigendum: misleading content*

Court to YouTube's counsel: This isn't a defamation issue here. The notice told you that there's misleading information circulating on your platform.

Don't equate chalk and cheese. YouTube doesn't run for charity. It's a profit making platform.

Court to YouTube's counsel: If you have a zero tolerance regime then that means you yourself acknowledge...why should this not fall into that category? That means your zero tolerance policy is faulty.

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Court: If this is the way your (YouTube) standard mechanism is in place, then it has to be set right.

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Court to Krishnan: They are saying that what reasonable effort can be made because according to them, we are not privy to what is being hosted.

#DelhiHighCourt #AaradhyaBachchan #YouTube

Court to YouTube's counsel: There's difference between old and new section 3(1)(b) of IT Rules. You as intermediary, have a duty to amend your policy in tune with new Rules. What have you done?

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Court to YouTube's counsel: It's for you to tell court what reasonably efforts you're making in running your channel with new IT Rules.

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Krishnan: Please come to the IA....what is it that I want today.

He reads: pass an order to restrain defendants from uploading, sharing or disseminating the videos or any other similar video which discloses details pertaining to plaintiffs on internet.

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Krishnan: i want an injunction and a take down order.

Court: That we will give.

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Krishnan refers to an order in Lakshmi Puri case. He reads the relevant portions.

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Court dictates order.

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Court: The plaintiff Aaradhya Bachchan is the daughter of Abhishek Bachchan and Aishwarya Bachchan and granddaughter of Amitabh Bachchan, all four of whom are celebrities of their own rights.

Court: The plaintiff is in tender age, 11 years, having to undergo the...which have come to her on account of her celebrity status.

#DelhiHighCourt #AaradhyaBachchan #YouTube

Court: The grievance of the plaintiff in the plaint filed through her father is her that though she's a healthy school going child studying in Dhirubhai International school, Mumbai, certain miscreants merely for sake of publicity have been circulating videos on YouTube...

Court....: stating that she is critically ill, one of the videos even claimed that she was no more. Apparently, morphed pictures have also been used in the videos so as to lent color to the information that they seek to convey.

#DelhiHighCourt #AaradhyaBachchan #YouTube

Court: The videos also invite subscriptions from those who view them.

Such videos, alleges the plaint, breach the plaintiffs' right to privacy, are in violation of IT Rules 2021, as amended in 2022.

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Court: This court has seen the images and clips. Though it's not the first time such misleading information is circulated for celebrities, when circulated for the Child, it reflects a morbid perversity on part of those circulating in complete apathy to the interests of child.

Court: Every child is entitled to be treated with honour and respect, be it child of celebrity or of common person. Dissemination of misleading information to a child especially as regards the physical and mental health is completely intolerable in law.

Court records submissions of Mr. Dayan Krishnan with respect to IT Rules.

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Court: Defendant 10 Google INC is directed to set out in detail it's policy, so as to ensure it remains in compliance with Rule 3(1)(b) of IT Rules 2021 and whether after amendment, it has effected any change in its policy to bring it in line with amendments brought in Rules.

Court: Google is duty bound in law to ensure strict compliance with entire statutory regime relating to intermediaries with which it is governed which includes IT Rules 2021.

Court: Let the plaint be registered as suit. Issue summons. Summons are accepted on behalf of Defendant 10. Let summons issue to remaining defendants.

Court now dictating order on interim application.

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Court: Facts of the case make out a clear prima facie case in favour of plaintiff and against Defendants justifying grant of ad interim relief.

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Court: Till the next date of hearing, defendants 1-9 and their associates or agents are restrained from disseminating or further transmitting the videos relating to the URLs identified in the application.
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Court: defendants are also restrained from publishing or sharing of any videos which are identical or similar in content to the videos falling subject matter of the said URLs. It is clarified that this would encompass all videos dealing with physical condition of plaintiff.

Court: The plaintiff has also pointed out that others who may be unknown now as John doe might indulge in similar activities also have to be injuncted. Request has merit. Accordingly, following directions are issued to Google.

Court: Google LLC shall reveal to Plaintiff and place on affidavit identity details of Defendants 1-9 including basic subscriber information and IP address information presently available with it. Google with immediately delist the videos contained in the application

Court: On the plaintiff bringing to Google's notice any other video uploaded on YouTube platform dealing with physical health of plaintiff, it will immediately proceed to take down the said URL. Plaintiff will however be required to bring this fact to notice of this court.

Court: Meity is directed to ensure disabling of access to block access to content uploaded by defendants 1-9 as well as to any other similar videos or clips containing similar content on the plaintiff bringing it to their notice.

Court: Compliance be affected within a period of one week from today.

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