The Delhi High Court on Monday sought Union Minister Smriti Irani’s response to an application moved by Google stating that it cannot remove the alleged defamatory content against her in connection with Silly Souls Café and Bar on Youtube on its own without it being provided the links of those videos.
Senior advocate Arvind Nigam along with advocate Mamta Jha, appearing for Google, Monday submitted that the plaintiff needs to provide it the URLs of the content, which is required to be taken off from YouTube in accordance with the court order. “If we have doubts [about content removal request], we will inform the plaintiff and then the plaintiff can approach the court [for clarification],” submitted Jha, while presenting the bench’s previous orders where such procedure has been followed.
Jha contended that social media intermediaries “are not adjudicating bodies” and cannot decide what is “similar content”. She further argued that the plaintiff is under an obligation to give links to Google for further action. The application was opposed by Irani’s lawyer.
Nigam told the court that only one URL was provided to Google and the same has been disabled in accordance with the court order. The court was told that Irani may provide more URLs to Google and action shall be taken as and when they are received. Google’s counsel further told the court that it should be saved from any contempt action.
In the order directing the Congress leaders to delete the alleged defamatory content, including the video of the press conference held on July 23, the court had observed that neither the restaurant nor the land on which it exists is owned by Irani or her daughter.
