The Delhi High Court recently 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 direction came while disposing of a petition filed by advocate Amita Sachdeva, who had approached the court alleging that the video was defamatory and contained content targeting Hindu deities Lord Ram and Sita. She had sought directions to the GAC to decide her pending appeal and direct the removal of the video.
During the hearing, Additional Solicitor General Chetan Sharma, appearing for 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 HC 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.
Taking note of the submissions, the HC has directed the GAC to decide the pending appeal within 15 days and dispose of the writ petition. According to the petition, Sachdeva had 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 thereafter, filing an appeal before the GAC, no decision had been taken, prompting her to invoke the writ jurisdiction of the HC.
The petition had also referred to parallel criminal proceedings before a Saket court, where an action taken report had earlier been sought from the SHO concerned based on her application seeking registration of an FIR in relation to the video.
