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Synopsis

The Delhi High Court has recently directed Google to remove defamatory and factually incorrect videos about Indian spices. Makers of videos under scanner had wrongly claimed that Indian spices contain cow dung and urine.

A 94-year-old conglomerate named Dharampal Satyapal Group approached the Delhi High Court regarding the bad market reputation it got due to three YouTube videos. The Group has been selling beverages, including spices, seasoning, bottled natural spring water, tonic water and soda from 1987 under the trademark CATCH. The plaintiff apprised the court about the large customer base, its specially designed spice making technology and reputation it enjoys.

In July 2020, three different videos were posted on YouTube. All 3 videos claimed that Indian spices contain cow dung and urine. Two of these videos were posted by a channel named ‘TVR’ while the third was posted by ‘View NNews’. Second video was an Urdu translation of the first one.

Voiceovers in videos 1 and 2 passed defamatory and disparaging remarks about Indian spice brands including CATCH. To authenticate their opinions, makers included various news reports, screenshots of news articles in their video.

Similarly, the video number 3 included a report by an analysis by the US FDA. ‘View NNews’ claimed that USFDA analysed Indian spices and found cow urine, cow dung along with bird feathers, beetles, cow hair, rat hair and droppings. The video makers told the audience that it is beyond doubt that Indian spices contain such stuff. Instead they posed the question as to what percentage of these products contain cow dung and urine.

Despite multiple complaints about the videos by Dharampal Satyapal Group to YouTube, these channels did not remove the infringing content from the platform. They did not even appear after summons were issued to them. The court later directed Google, parent company of YouTube, to block the concerned YouTube videos.

Google submitted that videos were not available for viewing. Then Dharampal Satyapal Group pleaded that even if the videos resurfacs later, Google should be directed to block its viewing in India. Adv Vaishali Mittal, counsel for plaintiff referred to Rule 4(4) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code), Rules, 2021 to emphasise about obligation on Google.

The single judge bench of Justice Sanjeev Narula arrived at the conclusion that the defamatory remarks against plaintiffs were without any basis.

He said that the plaintiff set on record a full list of ingredients contained on spices in defamatory videos. Moreover, they also showed various certifications including those of regulatory bodies as well as independent food analysis from a certified laboratory.

The Delhi High Court found these reports credible evidence to refute the claim regarding presence of cow dung, cow urine or any other contaminants.

With respect to the USFDA report and other studies produced by YuTube channels, the court termed them as skilfully crafted and altered. “The creators/authors have attempted to give a semblance of authenticity by displaying photographs of US FDA reports, news programmes, private studies etc., however, there is not an iota of legitimacy in such allegations as these purported reports have been skilfully created, altered and then used mischievously, in an attempt to portray that Defendants No. 2 and 3’s claims are genuine,” said the Court.

The single judge bench further said that plaintiff’s market standing suffered a setback due to those videos. To substantiate its observation, the court referred to the comment section of those videos. Additionally, considering that easy and unrestricted access means that a large number of innocent and unsuspecting audiences can see the video, leading to further decline in stature of the company, the court said,

“The Court is convinced that creation and uploading of the impugned videos by Defendants No. 2 and 3 is a deliberate attempt to defame and disparage Plaintiff’s goods bearing the CATCH mark".

Further, court pointed out that the plaintiff's copyright had also been infringed as before the publication of those videos, makers did not seek any consent or authorisation.

In court’s view, malafide by uploaders of videos were further buttressed by the fact that they constantly refused to defend themselves in court proceedings. Additionally, refusing to remove those contentious videos is also a fact which went against them, court opined.

“Defendants No. 2 and 3 have maliciously uploaded the impugned videos containing derogatory and untrue remarks against Indian spices, particularly those sold under Plaintiff’s CATCH brand, on the internet. Their malafide is further manifested by their inaction in removing the infringing content from YouTube after the Plaintiff had raised a complaint, which was duly acknowledged by Defendant No. 2, ” observed the court.

The high court found it a fit case of passing a summary judgement in terms of Order XIII-A of the Code of Civil Procedure, 1908 as amended by Commercial Courts, Commercial Division and Commercial Appellate Division of the High Court Act, 2015 [“CPC”], read with Rule 27 of the Delhi High Court Intellectual Property Rights Division Rules, 2022.

Moreover, because the YouTube channel owners did not furnish written statement(s), the Clcourt passed a judgement against them under Order VIII Rule 10 of CPC.

The high court directed that if plaintiffs find same videos resurfacing on the platform, they can submit their URLs to Google, which will take it down according to law.

Google can refuse only when it finds that the video is not identical to those defamatory videos in question. In that case, Google has to respond within a week to Dharampal Satyapal Group, court ordered.

The high court said that if the Group wants actual costs, it needs to approach the court before 30th of June this year.

Case title-DHARAMPAL SATYAPAL SONS PRIVATE LIMITED v GOOGLE L.L.C. & ORS.