New Delhi / HC asks FB, Google, Twitter to remove defamatory video on Ramdev

Holding that any defamatory post or video online that harm an individual’s right to privacy should be removed from websites not only in India but globally, the Delhi High Court on Wednesday directed Facebook, Google, YouTube (owned by Google) and Twitter to “forthwith” remove, block or disable on a global basis links to a video containing defamatory allegations against yoga guru Ramdev.

The social media platforms had earlier sought to remove the content locally, within India, by a method known as geo-blocking, through which content is blocked from a particular jurisdiction.

Justice Pratibha M Singh held, “….When disabling is done by the platforms on their own, in terms of their policies, the same is global. So there is no reason why court order ought not to be global.”

While senior advocate Parag Tripathi, appearing for Facebook, sought suspension of the direction for two weeks, and requested the court that a status quo to be maintained until then, Justice Singh declined the request and directed the platforms to comply with it immediately.

On the issue of conflict of laws and the right of freedom of speech and expression, as raised by the social media platforms, Justice Singh observed, “What is to be borne in mind is also the right of privacy, the right of reputation of a citizen, national security, national integrity, threats to sovereignty, etc.”

The court’s direction came on a suit filed by Ramdev against a video uploaded by an unknown person containing “defamatory, disparaging and threatening” statements against him and Patanjali Ayurved Ltd.

In January, the HC had directed for removal of the offending URL and web-links for the platforms’ India domains.

The social media sites had opposed blocking the content globally, and only agreed to remove it within India. But the court held that merely geo-blocking, or disabling access to the defamatory content to viewers from India, would not be sufficient, as users based in the country can access it by other means.

“There is an obligation upon the intermediary (social media platforms) to disable access, which would have to be read as meaning to completely disable access, and not partially disable access,” the court said.

Observing that “the race between technology and the law could be termed as a hare and tortoise race —- as technology gallops, the law tries to keep pace,” Justice Singh said, “…All offending material which has been uploaded from within India on to the defendants’ computer resource or computer network would have to be disabled and blocked on a global basis…”

“In case of uploads which take place from outside India, the unlawful act would be the dissemination of such content in India, and thus in those cases the platforms may resort to geo-blocking,” the court said.

Ramdev has also sought compensation on the ground that various defamatory remarks and information including videos, based on the book “Godman to Tycoon — the Untold Story of Baba Ramdev”, are being disseminated through their platforms.