"Misleading info about a child completely intolerable in law": Delhi HC restrains YouTube channels from publishing content on Aaradhya Bachchan's health

The Delhi High Court on Thursday restrained various YouTube channels from disseminating, publishing, or sharing content relating to the state of health or physical condition of Aaradhya Bachchan, daughter of actors Abhishek Bachchan and Aishwarya Rai Bachchan.

During the hearing, Senior Advocate Dayan Krishnan appeared for Bachchans, and Advocate Mamta Rani Jha appeared for Google.

While issuing notice to the defendants in the suit, the bench of Justice C. Hari Shankaran restrained YouTube and others from publishing, uploading, sharing, or disseminating videos that are identical/similar in content to the videos forming the subject matter of the URLs in the plaint.

"Defendants 1-9 are also restrained from creating publishing, uploading, or disseminating any videos which are identical or similar in content to the videos forming the subject matter of the aforesaid URLs. It is clarified that this would encompass all videos that deal with the physical condition of the plaintiff. In other words, Defendants 3 and 4 are completely restrained from disseminating on any platform available across the internet relating to the mental or physical health of the plaintiff”, the court ordered.

Aardhya Bachchan through her father and actor Abhishek Bachchan moved the High Court seeking directions to restrain various entities operating channels on YouTube (including Bollywood Time and Bollywood Chingari) for reporting 'fake news' about her health.

The grievance of the plaintiff in the present plaint which had been filed by her father, Abhsikek Bachchan was that though she's a healthy school-going child studying in Dhirubhai International School, Mumbai, certain miscreants merely for sake of URL publicity has been circulating videos on YouTube stating that she was critically ill. One of the videos even claimed that she was no more, the plaint stated. Apparently, morphed pictures had also been used in the videos so as to lend color to the information that the YouTube channels sought to convey, the plaint claimed.

As per the plaintiffs, the YouTube videos also invited subscriptions from those who view them. Abhishek through the present plaint, alleged that it breached his daughter's right to privacy and was in violation of IT Rules 2021, as amended in 2022.

Court observed that every child is entitled to be treated with honor and respect, be it a child of a celebrity or of a common man. Dissemination of any misleading information about a child especially as regards the physical and mental health is completely intolerable in law, the court said.

“This court has seen the images and clips, though it's not the first time such misleading info is being circulated for celebrities when circulated for the Child, it reflects a morbid perversity on part of those circulating in complete apathy to the interests of the child,” Court noted.

The single-judge bench directed Google LLC (Defendant 10) to reveal to the plaintiff details of the identity of all the defendants from 1 to 9 which is at present were available with them.

“It is also immediately directed to delist the following URLs contained in the application. Any other video clip that is uploaded on the YouTube platform, regarding the state of health/ physical condition of the plaintiff, Google LLC may immediately proceed to take down the video”, the court added.

The court also directed the Ministry of Electronics and Information Technology (MeitY) to ensure disabling of access to content uploaded by Defendants 1 to 9 as well as to any other similar videos or clips containing similar content on the plaintiff bringing it to their notice.

Furthermore, the court said, “The court will have to examine whether Google's policies are sufficient and in line with the IT Rules. Google is duty bound in law to ensure strict compliance with the entire statutory regime w.r.t to the intermediaries which govern it and which will include the IT Rules (2022) amended.”

Justice Shankaran came down heavily on the online streaming platform Google, which owns YouTube, and said, “YouTube doesn't run for charity. It's a profit-making platform. If you are making money out of what you are doing, you have a social responsibility. If you say you have a zero tolerance regime then that means you yourself acknowledge…Tell me why should this case not fall into that category. That means your zero-tolerance policy is only faulty.”

The court asked Google LLC, “Why don't you have some Policy in these matters? So, When you're told that these types of YouTube videos are circulating...Should there not be some way of handling these things? You're a platform, don't you have some responsibility in such kinds of things?”

“You're providing a platform on which misleading information is circulating to the public. How can such a thing be tolerated? Are you not profiting from each one of these? Are you allowing people to upload for free? The notice told you that there's misleading information circulating on your platform about a child. One of the videos even says she's dead and in reality, she is alive and kicking. Don't equate chalk and cheese”, the court remarked orally.

The matter is listed for further consideration on July 13, 2023.

Case Title: Ms. Aaradhya Bachchan and Anr. v. Bollywood time & Ors.