The Delhi High Court has directed the Centre's Grievance Appellate Committee (GAC) to decide within 15 days a pending appeal seeking removal of YouTuber Dhruv Rathee's video titled "Can Hindus Eat Beef? | Kerala Story 2 Exposed" from YouTube. The order came while disposing of a petition filed by advocate Amita Sachdeva, who alleged the video was defamatory and contained content targeting Hindu deities Lord Ram and Sita.
Petition and Court Proceedings
Advocate Amita Sachdeva approached the High Court seeking directions to the GAC to decide her pending appeal and order the removal of the video. During the hearing, Additional Solicitor General Chetan Sharma, representing the Union Government, submitted that the intermediary ought to have taken down the video, contending that the content was harmful and fissiparous. The counsel appearing for Google informed the court that the petitioner had already approached the GAC under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, for redressal of her grievance.
Allegations and Legal Context
According to the petition, Sachdeva challenged the GAC's failure to decide her appeal against the video within the timeline contemplated under Rule 3A(4) of the IT Rules, 2021. She alleged that despite approaching YouTube's resident grievance officer and subsequently filing an appeal before the GAC, no decision had been taken, prompting her to invoke the writ jurisdiction of the High Court. The petition also referred to parallel criminal proceedings before a Saket court, where an action taken report had earlier been sought from the Station House Officer concerned based on her application seeking registration of an FIR in relation to the video.
Court's Direction and Implications
Taking note of the submissions, the High Court directed the GAC to decide the pending appeal within 15 days and disposed of the writ petition. The direction underscores the court's emphasis on timely redressal of grievances under the IT Rules, 2021. The case highlights ongoing debates around content moderation, defamation, and the responsibilities of digital platforms in India.
