The Kerala High Court has ruled that YouTube cannot be forced to take down videos in the absence of a court order or a directive from the government. The decision reinforces the procedural safeguards for content regulation in digital platforms.
Background:
The case arose from a plea seeking the removal of a video alleged to contain defamatory content. The petitioner argued that the video violated their rights and sought the court’s intervention to have it removed. The issue highlighted the legal framework surrounding content regulation on digital platforms in India.
Court’s Rationale:
The court observed that digital platforms like YouTube are governed by the Information Technology (IT) Act, 2000, which provides mechanisms for content moderation. The bench emphasized that removal of content requires either a directive from a competent authority or a judicial order to ensure the process is not misused or arbitrary.
Existing Measures:
Under the IT Act, intermediaries are obligated to act against unlawful content upon receiving government or court orders. Additionally, platforms have their internal policies for addressing complaints, but these are secondary to statutory or judicial mandates.
Conclusion:
The Kerala High Court’s ruling underscores the importance of adhering to due process in matters of content regulation. It serves as a reminder of the balance required between individual rights and freedom of expression in digital spaces.