Poovayya, Fox Mandal in YouTube IP disclosure case in the Madras High Court

The Madras High Court has recently directed YouTube to disclose the IP address of one of the video-sharing website’s users. The order was passed after the Lebara Foundation, a Chennai-based organisation fighting child poverty, approached the High Court against an allegedly defamatory video uploaded on YouTube..In a series of orders passed by MM Sundresh J., YouTube and Google Inc had been directed to disclose the IP address of one MS Marupakkam Seithigal, who had uploaded the video in question. Before the single bench, PS Raman, briefed by Poovayya & Co, appeared for YouTube and Google. Raman argued that if they did provide the information, it would “expose” them to the “rigour of any law” applicable in countries other than India..On the other side, former AAG and senior counsel Arvindh Pandian was briefed by Fox Mandal to appear for the Lebara Foundation. Pandian argued that all that was sought for was the IP address of the uploader, and not any “classified information” as such..It was a line of argument that the single bench agreed with. In an order passed on August 29 [pdf], the judge held that,.“If a person is aggrieved by the offending video uploaded by an unknown Phantom, then the identity will have to be made know or else there will not be any remedy in the eye of the law.”.The Madras High Court also chose to rely extensively on a judgment delivered by the Delhi High Court in August this year (Tata Sky v Youtube LLC) which dealt with a video detailing ways to access the satellite TV company’s HD content for free. Relying on Tata Sky, the Madras High Court went on to hold that YouTube and Google would have to,.“[A]ct in a reasonable manner by acting fairly to mitigate the civil wrong being committed by a Speaker by using its website.”.An appeal against this order was then heard by Chief Justice Sanjay Kishan Kaul and R Mahadevan J. The First Court did not deem it fit to interfere in the matter, dismissing the appeal two days ago [pdf]..“[It] is not some secret information affecting such personal information affecting such personal rights of the undisclosed second respondent which are sought to be made available….but only the identity and address so that the Court can take appropriate process to determine the rights inter se the two respondents…..In our view the appellants are being unnecessarily apprehensive about possibilities of legal proceedings being initiated against them…”.Google Inc and YouTube now has been given another two weeks to disclose the IP address.