Google withholds Dhruv Rathee’s YouTube video in India after HC proceedings

Google on Tuesday told the Delhi High Court that it has withheld in India a YouTube video by social media influencer Dhruv Rathee after a government-appointed panel directed action over allegations that the video was defamatory and hurt religious sentiments.

Google, which owns YouTube, made the submission before Justice Swarana Kanta Sharma while hearing a petition filed by lawyer Amita Sachdeva.

Sachdeva has alleged that Rathee published a "highly derogatory and communally sensitive" video on March 21 that had garnered millions of views and contained what she described as "false, misleading, and provocative statements" insulting Bhagwan Shri Ram, Bhagwan Shri Krishna and Sita Devi.

Google's counsel told the court that the company had acted pursuant to an order of the Centre's Grievance Appellate Committee (GAC). The video has been withheld only in India, while the question of blocking it globally is pending before a division bench of the High Court.

Sachdeva argued that the GAC had directed Google on July 15 to take down the video within 24 hours, but the company's decision to withhold it only in India amounted to "partial compliance".

"Issue regarding global injunction is already pending before the division bench. Whatever they could do, they have already done," Justice Sharma said.

The court adjourned the matter until September 3.

The proceedings stem from Sachdeva's earlier complaint seeking removal of the video. On July 3, the High Court had directed the GAC to decide her plea within 15 days.

Sachdeva had initially approached YouTube's Resident Grievance Officer and the Delhi Police cyber cell, seeking removal of the video under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules.

According to her plea, YouTube's grievance officer said the platform was "unable to identify any violations of their community guidelines". Sachdeva subsequently filed an appeal before the GAC on March 27.

She had alleged that despite the statutory requirement to decide such an appeal within 30 days, the GAC had not disposed of the matter and the video remained publicly accessible.

The petition claimed that the continued availability of the video was causing "continuous injury to the religious sentiments of crores of Hindus".

The latest proceedings concern the extent of Google's compliance with the GAC's direction, while the question of whether the video should be blocked globally remains before the High Court's division bench.