New Delhi, July 3: The Delhi High Court has directed the Union government’s Grievance Appellate Committee (GAC) to decide within 15 days an appeal seeking the removal of a YouTube video uploaded by YouTuber Dhruv Rathee, which has been alleged to contain defamatory content and hurt the religious sentiments of Hindus.
The direction was issued by a single-judge Bench of Justice Swarana Kanta Sharma while disposing of a petition filed by advocate Amita Sachdeva. The petition sought a direction to the GAC to decide her appeal against the YouTube video titled “Can Hindus eat BEEF? | Kerala Story 2 EXPOSED”, uploaded on March 21.
The High Court directed the appellate authority to dispose of the appeal expeditiously within 15 days from the receipt of its order. It also observed that if the petitioner had any further grievance after the decision, she would be at liberty to approach the court again through a fresh petition.
The court further made it clear that any disregard of its directions would be viewed seriously.
During the hearing, Additional Solicitor General Chetan Sharma, appearing for the Union government, submitted that the intermediary should have exercised due diligence by removing the content. According to the submissions made before the court, the video allegedly contained material that was disparaging towards Hindu deities and had the potential to be harmful and divisive.
The Centre’s law officer also referred to an earlier judgment of the Delhi High Court, arguing that intermediaries are required to assess whether online content is harmful to society and remove such material while discharging their due diligence obligations. He further submitted that either Google should voluntarily remove the video or an order could be passed in accordance with the legal principles laid down in the earlier judgment.
Appearing on behalf of Google LLC, counsel informed the court that a response had already been provided to the petitioner and that an appeal was already pending before the Grievance Appellate Committee. The counsel further submitted that the intermediary would comply with any judicial direction issued in the matter.
After recording these submissions, the High Court disposed of the petition and instructed the GAC to decide the pending appeal within the stipulated period.
According to the petition, the video allegedly claimed that revered Hindu figures, including Lord Ram, Sita and Lord Krishna, consumed meat and alcohol. The petitioner contended that these assertions hurt the religious sentiments of devotees and described the content as “highly derogatory, inflammatory and communally sensitive.”
Apart from seeking the removal of the video, the petitioner has also initiated criminal proceedings before a metropolitan magistrate in connection with the matter. According to the plea, the magistrate has reportedly sought an action taken report from the police as part of the proceedings.
