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The Delhi High Court has directed to remove a video with defamatory, derogatory and hateful content from online platforms not just in India, but also internationally as an injunction plea was brought by Baba Ramdev's Patanjali Ayurveda Limited against that video.
Google, facebook and youtube have been directed by the High Court to remove the offensive video from its platforms in Indi. The High Court was later informed by Google that the video was taken down as it was violating YouTube’s safety and community guidelines. The source video was not available on the Facebook platform either as it was taken down.
The matter should be heard in detail before an order to that effect could be passed for blocking the video internationally.
However, the Court has directed that the video will be blocked internationally as it was found that the video in question was derogatory, defamatory, threatening and offensive.
Earlier, Patanjali had argued in order to take down offensive content from online platforms upon receipt of a complaint, that there should be a fair mechanism rather than wait for a direction from a court in this regard. It was submitted that irreversible damage would already be done by the objectionable content by the time an aggrieved party approaches the court for relief.
The offensive video should be taken down within 48 hours from international platforms by the concerned intermediary as directed by Court upon a request for removal has been made. Justice Prathiba M Singh has passed an order last week which states that,
“If there are any further instances of the same video being uploaded, which come to the knowledge of the Plaintiffs, in view of the above findings of the Court, the Plaintiffs are permitted to intimate the Defendants and the Defendants shall take down the video within 48 hours.“
However, the order cannot be treated as a precedent as clarified by the court. Justice Singh has noted that whether or not offensive online content can be blocked internationally by court orders would depend on each individual case. The order states,
“The question as to whether platforms such as the Defendants can be directed to remove, block or disable content on the international domain and not merely on the India domain is left open to be adjudicated in an appropriate case. “
Advocates Simranjeet Singh, Rohan Ahuja, Sonali Dhir, and Aadhar Nautiyal of Athena Legal has filed the plaint moved by Baba Ramdev and Patanjali Ayurveda Limited. Arguments for the plaintiffs were made by Senior Advocate Rajiv Sajan Poovayya. The arguments for Google and YouTube was led by Senior Advocate Sajan Poovayya, whereas the arguments for Facebook was led by Senior Advocate Parag Tripathi.
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