The Delhi High Court ordered Google LLC to block or take down certain YouTube videos which are targeting Indian spice brands such as ‘Catch Foods’ claiming that Indian Spices contain Cow dung and Cow urine.
Justice Sanjeev Narula stated that two channels on YouTube namely, ‘TVR’ and ‘Views NNews’ uploaded erroneous videos on the platform containing derogatory statements and false information against Indian spices brands, specifically ‘Catch’ brand owned by Dharampal Satyapal Sons Pvt Ltd.
The Court observed that the YouTube channels deliberately uploaded the videos and the same was an attempt to damage and defame the reputation of Plaintiff’s brand and it is exemplary in the Indian market.
The Court stated that the defamatory videos uploaded by the defendants are without any basis. The plaintiff submitted a list of ingredients that was advertised incorrectly on the YouTube channels.
Furthermore, the Plaintiffs have acquired certificates from the regulatory bodies and also from independent certified laboratories. The reports after the test was conducted does not detect cow dung or cow urine in the products, the Court said.
Google was directed by the Court in an earlier proceeding to block access to the videos. The Court was informed by the counsel for Google that access to the three videos as directed by the Court was blocked and the videos are not available on the platform.
The Court also observed that defendant No.2 was duly informed about the complaint raised by the plaintiff to remove the erroneous content from YouTube. However, the defendant did not take any action to take down the derogatory video which shows the deceitful intention of the defendants.
Plaintiff’s contention towards the YouTube videos
Plaintiff contended that it had a huge number of customers within India and internationally and has maintained the best quality and hygiene in the variety of its spices. Also, they conduct regular quality checks of their products.
The suit was filed by the plaintiffs when they saw derogatory videos on certain YouTube channels claiming that the Indian spices brands use cow dung and cow urine in their products targeting a few other brands and ‘Catch’ as well.
The plaintiff said that the video included a voiceover passing defamatory and derogatory statements against the brand without any basis.
The Court observed and ordered in favour of the plaintiff directing Google to take down the videos by two YouTube channels sharing false information and derogatory statements against the Indian spices brands as well as ‘Catch’.
The plaintiff urged before the Court under the light of Rule 4(4) of the Information Technology Rules, 2021 to direct the intermediaries for extra diligence if such content is uploaded or streamed further on their platform.
The High Court stated that if the plaintiff finds any of the 3 videos uploaded or streamed online, the plaintiffs shall be at liberty to share the URLs with Google and appropriate action shall be done by the intermediary to block or take down the impugned video in accordance with the law.
However, if the videos are not identical to the ones ceased by order of the Court, the defendant shall inform the plaintiff within one week so that the plaintiff can take necessary actions as per the law.
