A Mumbai court has issued a contempt notice to Google CEO Sundar Pichai after YouTube failed to comply with a March 2022 court directive to remove a defamatory video targeting the Dhyan Foundation and its founder Yogi Ashwini. 

The Additional Chief Judicial Magistrate’s Court in Ballard Pier issued the notice on November 21, 2023, highlighting YouTube's non-compliance and the continued accessibility of the video titled “Pakhandi Baba ki Kartut”.

The Dhyan Foundation, an animal welfare NGO, filed a contempt petition in October 2022, accusing Google of deliberate inaction and asserting that the video contains false and malicious allegations damaging the organisation’s reputation. The NGO further alleged that Google employed delay tactics by seeking adjournments on frivolous grounds while significant harm was caused to Yogi Ashwini's character and the foundation's standing.

Google’s stand on court order

YouTube, citing intermediary immunity under the IT Act, argued that the platform is not liable to act on defamation complaints under Section 69-A of the Act, which primarily addresses specific categories like national security and public order. The platform maintained that such matters should be resolved in civil courts rather than criminal courts.

Court’s rejection of Google’s objections

The court dismissed YouTube's technical objections, stating that the IT Act does not explicitly restrict criminal courts from intervening in such cases. The order clarified, “The authorities cited by the respondent do not establish that criminal courts lack jurisdiction to entertain such applications. Therefore, in my view, the present application is maintainable.”
The contempt case will be heard further on January 3, 2024.

Broader regulatory scrutiny on Google

This legal challenge comes amid growing scrutiny of Google in India. The tech giant is also under investigation by the Competition Commission of India (CCI) over alleged anti-competitive practices in the gaming market, following a complaint by gaming company WinZO. This investigation adds to the regulatory pressures Google faces, including penalties imposed in 2022 for abusing its dominance in the Android ecosystem and Play Store operations.