been decided in the earlier round of litigation between the parties and the
publisher. In fact, Google and YouTube have taken the stand that the
impugned videos / URLs / web links have been duly disabled from the
country domain. They have denied that the vilification campaign is at the
behest of the Defendants and further state that they are strictly neutral and
passive intermediaries. Insofar as Facebook is concerned, it has taken a
stand that it is only an intermediary, which provides platform to third parties
to upload content and it cannot be asked to proactively monitor its platform.
Thus, the content of the video to the extent it contains paraphrasing of
content which was directed to be removed from the book is held to be
defamatory. A perusal of the video transcript and the offending portion of
the book show the clear similarity and prima facie, establish that the video is
derived from the book and hence is defamatory. In any event, this issue is
moot inasmuch as the video begins by stating that it is based on the book.
Thus, the defamatory nature of the video cannot be disputed.
3)
Whether the Defendants are intermediaries and if so, what should
be the form of injunction order that is to be passed?
34.
In order to answer this question, the following aspects need to be
considered:
a) Role of Google, YouTube, Facebook and Twitter in the
dissemination of content;
b) Interpretation of Section 79;
c) Whether geo-blocking is sufficient or whether a global injunction is
required to be granted?
CS (OS) 27/2019
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