YouTube directed to remove objectionable videos related to judiciary: Bombay HC
March 25, 2017The Bombay High Court has directed YouTube and Google Inc to delete pages that featured supposed "sting videos" of court proceedings that tend to show judiciary in bad light.
The direction was issued when the Bombay HC commenced hearing on a contempt petition filed by the Bombay Bar Association against 14 persons and entities, including a lawyer, for defaming the judiciary. The contempt petitions have also been filed against YouTube, Google Inc, Alphabet and Google India.
The court asked YouTube and Google Inc to delete any "objectionable" videos that are uploaded in future on the subject concerning the contempt case.
The petition filed by BBA has further urged the court to initiate criminal contempt proceedings against the advocate and others involved in a video recording of court proceedings and uploading it online as a sting.
A division bench headed by Justice Oka had last month referred the case to a larger bench. "The issues which may arise in this contempt petition are of great deal of importance for the institution of judiciary. The issues directly concern the independence of the judiciary. Considering the fact that the issues involved are of paramount importance to the judicial system, it will be appropriate if this petition is placed before a larger bench of three or more Judges," the court had said.
The counsel for BBA pointed out that while YouTube had taken down the objectionable videos, the title and caption remained on the pages. The senior advocate representing YouTube cited a technical issue and added that he would check if it was possible to delete the pages.
Advocate Nilesh Ojha, the lawyer against whom contempt notices were issued, questioned the maintainability of BBA's petition and said the association had no locus-standi to file the case.
The direction was issued when the Bombay HC commenced hearing on a contempt petition filed by the Bombay Bar Association against 14 persons and entities, including a lawyer, for defaming the judiciary. The contempt petitions have also been filed against YouTube, Google Inc, Alphabet and Google India.
The court asked YouTube and Google Inc to delete any "objectionable" videos that are uploaded in future on the subject concerning the contempt case.
The petition filed by BBA has further urged the court to initiate criminal contempt proceedings against the advocate and others involved in a video recording of court proceedings and uploading it online as a sting.
A division bench headed by Justice Oka had last month referred the case to a larger bench. "The issues which may arise in this contempt petition are of great deal of importance for the institution of judiciary. The issues directly concern the independence of the judiciary. Considering the fact that the issues involved are of paramount importance to the judicial system, it will be appropriate if this petition is placed before a larger bench of three or more Judges," the court had said.
The counsel for BBA pointed out that while YouTube had taken down the objectionable videos, the title and caption remained on the pages. The senior advocate representing YouTube cited a technical issue and added that he would check if it was possible to delete the pages.
Advocate Nilesh Ojha, the lawyer against whom contempt notices were issued, questioned the maintainability of BBA's petition and said the association had no locus-standi to file the case.
OUR TAKE
The directions given by the Bombay HC are justified as such videos tend to weaken the faith of the public in the judicial process and system. YouTube, Google and other websites where such material or videos are uploaded tend to affect the psyche of the common man and his trust in the judiciary should be removed with immediate effect as with the advent of social media, it does not take much time for such videos to circulate amongst the masses.
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