completely intolerable in law. No technicalities can come in the way
of the Court stepping in, where such attempts are brought to its notice.
6.
Ms. Mamta Rani Jha, learned Counsel, who appears for Google
LLC, which runs the YouTube platform, submits that her client has no
control over the content of the videos which are posted on the
YouTube platform, as the videos are not screened by her client before
they are posted.
She submits that though YouTube has a zero-
tolerance policy with respect to certain exceptional cases such as child
pornography and other such content, for which they have a special
mechanism in place, in respect of other information, the only remedial
mechanism available is for a person, who may object to the
information posted on YouTube to bring it to the notice of the Google
LLC, whereupon measures would be taken to take down the offending
contents. She submits that on such a complaint having been received
from Plaintiff 1’s father, steps were being taken in accordance with
law.
7.
The submission is plainly unacceptable.
8.
Mr. Dayan Krishnan, learned Senior Counsel for the plaintiffs,
has drawn my attention to the fact that the 2021 Intermediary
Guidelines Rules were amended by the 2022 Amendment Rules, and
that Rule 3(1)(b) of the amended 2021 Intermediary Guidelines Rules
reads thus:
―3(1) Due diligence by an intermediary: An intermediary,
including social media intermediary, significant social media
intermediary and online gaming intermediary, shall observe the
following due diligence while discharging its duties, namely:—
*****
Signature Not Verified
Digitally Signed By:SUNIL
SINGH NEGI
CS(COMM)
Signing Date:21.04.2023
08:06:01
230/2023
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