Internet giant Google India has filed an appeal against the interim order of the Single Judge Bench which stayed them from hosting defamatory blogs about Dr. Ashwin B. Mehta, one of India's foremost cardiologists. Dr. Mehta had filed a complaint in the Bombay High court, alleging that  the blogs www.mumbaicardiologistdoctorashwinbmehta.blogspot.com and www.leadingcardiologistofmumbai.blogpost.com were defamatory.

Earlier, Yatin Shah, counsel for the cardiologist had submitted that the blogs  had posted content that implied professional and financial misconduct on the part of Dr. Mehta. Seeking a compensation of Rs. 10 Lakh ($21,000) from Google, it was  contended that as a consequence of the blog posts, he suffered incalculable harm and injury to his reputation. The Single Bench of the Bombay High Court  then passed an interim order restraining Google India from hosting  similar blog posts defaming Dr. Mehta.

In the appeal filed against the order, Google India has stated that  they are neither responsible for the operation and maintenance of the blogger site, nor do they assist or support the services on thesame. Google Inc., operating from Mountain View, California is responsible for the site www.blogger.com.

Senior Counsels Iqbal Chagla and Janak Dwarkadas were briefed by Google's Mumbai counsels, Doijode Associates. Mr. Chagla submitted that Google India had no control over the content being published on the blogs, and also that they had not published the defamatory content in the first place. 

Justices D.K. Deshmukh and R.G. Ketkar of the Bombay High Court, while admitting the appeal, stayed the operation of the temporary injunction stating that it was wide in its meaning. Dr. Mehta is represented by Firoz Pooniwala, briefed by Y.R. Mishra.

Several cases relating to Google's liability on blogger content are pending in various courts across the country. Two similar matters are pending consideration of the Bombay High Court. Gurbir Singh, editor at the Hindustan Times and Gremach Infrastructure have separately filed a suits against Google India, alleging defamatory postings on the blogger site. There are two defamation matters pending on the files of the Delhi High Court as well. Ad Factors Private Limited has chosen to file a complaint on the issue before the Civil Court at Bombay, while Anita, a tsunami relief organization, has filed a suit before the Munsif's court in Tiruvallur.

Google India has been consistently claiming that they are not responsible for the operation and maintenance of the blogger site. It is time that some firm policy be legislated to clarify the blogger's liability vis-à-vis the host's liability. Liability of blog hosting sites for content is an area that remains to be explored. The court's decision in Dr. Mehta's matter and in the other matters will go a long way in deciding the way forward.