Have you heard? No messing with our daughter

Abhinav Garg (THE TIMES OF INDIA; April 21, 2023)

New Delhi: Delhi High Court on Thursday directed removal of several YouTube videos carrying fake news about the health of Aaradhya Bachchan, granddaughter of Amitabh Bachchan.

“Every child is entitled to be treated with honour and respect be it the child of a celebrity or of a commoner. Dissemination of misleading information about a child, especially physical and mental health, is completely intolerable in law. No technicality can come in the way of courts in such cases,” Justice C Hari Shankar said, adding that any such act spreading misinformation about a child reflects “morbid perversity”.

While dealing with a lawsuit by the child and her father Abhishek Bachchan that complained about fake news videos about her health, Justice Shankar ordered Google to “set out in detail its policy” so as to ensure it remains in compliance with amended rules in the new Information Technology Act.

When the counsel for Google claimed it had a zero tolerance policy in cases of child pornography, the court wondered why it was shying away from taking steps in this case. The judge stated that YouTube was not “doing charity” but making money from the online activities and besides ensuring compliance with the law, it also had a social responsibility to ensure such content was not shared.

In its interim order, the high court sought details of the uploaders. It said that similar videos, whenever brought to Google’s notice, shall also be taken down. The court issued summons on the lawsuit to the YouTube channels concerned, saying a prima facie case was made out for grant of interim relief to prevent further prejudice. It also directed the Centre to block access to the content in question.
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Niharika Lal (BOMBAY TIMES; April 21, 2023)

On Thursday, the Delhi High Court restrained several YouTube channels from disseminating or further sharing videos with false claims about Abhishek and Aishwarya Rai Bachchan’s 11-year-old daughter, Aaradhya Bachchan.

The court observed that though it’s not the first time such misleading information has been circulated for celebrities, the videos of the child reflects a morbid perversity on the part of those who are circulating them, with complete apathy to the interests of the child in question.

The court said, “Every child is entitled to be treated with honour and respect whether he/she is the child of a celebrity or a commoner. Circulating information with respect to mental and physical health of a child is completely impermissible in law.” 

The court also directed Google to reveal the identity of the defendants to the Bachchans and immediately take steps to deactivate the URLs. YouTube’s counsel Mamta Rani told HC, “We will provide the information of the actual uploaders. They (Bachchans) have provided URLs that will be delisted.”

Aaradhya Bachchan’s plea in the Delhi High Court stated that these fake videos with Bachchan family images claimed Aaradhya’s critical illness.

Ameet Naik, who represented Aaradhya Bachchan and Abhishek Bachchan, says, “We were compelled to file this suit because last week my client came across these defamatory videos. We got to know about these videos on April 14 and notices were sent to take down these videos (to the grievance cell of Google). There were a total 24 videos and over six are still there, and hence we sought an injunction to remove those videos. This case is important on three grounds – breach of privacy, defamation and infringement of personality rights. The court’s order restores the faith in privacy and that you cannot publicise defamatory materials and profit from them and that children must be treated with dignity and respect. The court also said that the private life of any celebrity is as sacred as any other person’s.”

Justice C Hari Shankar asked YouTube counsel why they don’t have a policy in place for such matters, and noted, “When you’re told these types of YouTube videos are circulating, should there not be some way of handling these things? You’re an online platform. Don’t you have some responsibility in such kind of things? You mean to say you’re only providing a facility for people to misinform the public. You are providing a platform on which misleading information is circulating to the public. How can such a thing be tolerated? If you are making money out of what you are doing, you have a social responsibility. You can’t allow such things to be posted on your platform. You acknowledge that there are certain things for which you have zero tolerance. Why should this not fall in that category? That means your policy is faulty.”

The court also directed Google to spell out in detail its policy showing compliance with Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules. The matter will be heard on July 13.

AN EXTRACT FROM AARADHYA’S PLEA
“Around the second week of April 2023, Abhishek Bachchan and other members of his family learned about videos circulating online containing false information about Aaradhya Bachchan’s health, and the consequent (albeit false) distraught mental state of the family.

While some videos showcased Aaradhya being in poor health, some reported her on the deathbed and others claimed she was no more. The images used in the videos have been taken unlawfully and without any authorization from the plaintiffs, either from events and public appearances made by them or have been extracted from films and other works.”