Madras HC directs YouTube to give details of defamatory user

Madras High Court has directed Google and its subsidiary YouTube to provide details, including identity and address of a user

By: PTI | Updated: October 27, 2016 4:51 pm
Madras high court, HC asks youtube for user information, google, youtube, google appeal, lebara foundation, marupakkam seithigal, technology, technology news ‘Marupakkam Seithigal’ had posted a video content dubbed defamatory by petitioner Lebara Foundation

The Madras High Court has directed Google and its subsidiary YouTube to provide details, including identity and address, of a user ‘Marupakkam
Seithigal’, who posted a video content dubbed defamatory by petitioner Lebara Foundation. The court dismissed an appeal by Google and YouTube
against the order of a single judge who directed them to disclose the IP address and other details of the uploader of the content in the title ‘Marupakkam Seithigal’ on YouTube about Lebara.

“The learned Single Judge has noticed, and in our view rightly so, that it is not some secret information affecting such personal rights of the undisclosed author of Marupakkam Seithigal which are sought to be made available in pursuance of the directions of the court, but only the identity and address so that the court can take appropriate process to determine the rights of the Lebara Foundation, and the author of Marupakkam Seithigal,” the division bench said.

YouTube and Google filed a memo in the high court before the division bench stating that the IP address of the user resolved outside of Indian jurisdiction and as per prevailing Indian law they are not in a position to provide user details. Rejecting the argument, the division bench said, “We are of the view that the minimum which is required to be done when the portal is used for materials which are prima facie offensive is to disclose the identity and IP address in pursuance of the direction passed by the single judge. Instead, YouTube and Google want Lebara to go through a
circuitous route which is not necessary.”

“Appellants having provided the portal and the platform to the respondent this is a minimal assistance which is required,” it said.

Originally the Lebara Foundation filed a civil suit to remove the video posting in the page of ‘Marupakkam Seithigal’ on YouTube and also sought for a permanent injunction restraining them from uploading the defamatory material.

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First Published on: October 27, 2016 4:32 pm
  1. N
    Naganathan.Aiyer
    Oct 27, 2016 at 1:28 pm
    HC has gone overboard and is potentially risking the life ignored whoever posted the YouTube video. The HC knew very well that exposing the YouTube poster would creat possibilities for the LEBERA Foundation to engage a professional murderer probably from the retired ranks of IB thugs. SO THIS IS AMOUNTING TO ABETTING JUDICIAL TERRORISM BY THE HC. THEREFORE THE JUDGE SHALL BE ARRESTED FOR ABETTING MURDER AND BE HANGED.
    Reply
    1. F
      Fking.Indian
      Oct 27, 2016 at 12:20 pm
      Fking HIGHLY CORRUPT(HC) HAS NO FKING JURISDICTION ON EVERYTHING. JUST BECAUSE THE FKING HIGHLY CORRUPT(HC) IS ASKED BY FUNTELLIGENCE AGENCIES THAT ALWAYS GO BEHIND THE OF DISSENTERS, THE FKING HIGHLY CORRUPT IS JUST EXECUTING THEIR ORDER AND THE FKING JUDGE HAS BEEN PROMISED A THIEF JUSTICE OF INDIA PROMOTION IN RETURN.
      Reply
      1. T
        TP.means.Tdya.Psnga
        Oct 27, 2016 at 12:29 pm
        It is very clear that while the HC could have directed the TP( no...no... I did not mean what you umed, I meant Tamilnadu Police) to find the IP address likein many cases, it did not do so, BECAUSE THE MONEY GIVEN BY LEBERA TO THE JUDGES TO DIRECT THIS TO GOOGLE AND YOUTUBE IS NOT SUFFICIENT ENOUGH TO BE SHARED WITH THE BUNCH OF POLICE CRIMINALS.
        Reply
        1. K
          kum
          Oct 27, 2016 at 2:07 pm
          TN is the w0rst state.
          Reply
          1. S
            sam
            Oct 27, 2016 at 5:52 pm
            Every action has consequence. Remember that before posting anything.
            Reply
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