The Delhi High Court in the case Ax v. Google LLC And Ors observed and has asked the social media platforms, which includes WhatsApp and Google, for taking down URLs or posts which relates to a video, wherein showing a judicial officer in a compromising position, if the same is already being removed in terms of the interim for restraining an orders being passed earlier The bench headed by Justice Justice Yashwant Varma was hearing a suit seeking permanent injunction from restraining the social media platforms from publishing or sharing the video in question. Therefore, it is not known to the said court that who filed the suit as the court has allowed a prayer to mask the identity of the plaintiff in the said matter. In the present case, the court directed on 30.11.2022, the defendants is to take all permissible steps for ensuring that “the further sharing, distribution and forwarding or posting of the offending video” is being restrained forthwith.
The court also asked the Centre for ensuring that all the further steps as being warranted by the courts in terms of the communication of the Registrar General dated 29.11.2022 are being taken. The court stated while disposing of the suit that if the plaintiff brings to the notice of intermediaries any remaining URLs relating to the video, such kind of request may be independently examined by social media platforms. It has also been directed by the court that the social media platforms for taking steps in terms of the interim injunction order for removal of the remaining URLs, if the court founds the request of the plaintiff to be forming part of subject matter of the suit.
It also ordered by the court that the plaintiff will be entitled for the refund of court fees. It has been submitted by the counsel appearing for the petitioner that the interim injunction order, the defendants in the case were taking the remedial steps with regards to the removal of the offending video. The said court did not claimed the relief of the damages or has pressed further and the counsel made a prayer for disposal of suit in terms of passing the interim order. On the other hand, it has been submitted by the counsel appearing for the defendant intermediaries and the counsel has opposed the suit being decreed in terms of the interim order wherein stating that it would place them under a “continuing obligation” to attend to the issues that may have arisen before the court.
Earlier, the Registrar General asked the authorities for taking appropriate action for blocking of the said video over all ISPs, messaging platforms as also social media platforms. The court observed that the provisions under Section 354C of Indian Penal Code, 1860 as well as section 67A of the Information and Technology Act “would appear to be violated” in case further circulation, wherein the sharing and distribution of the video is to be permitted.
