Subodh Gupta case: No control over availability of defamatory content, Google tells Delhi HC

Pursuant to an order to take down content pertaining to sexual harassment allegations against artist Subodh Gupta, Google Inc has told the Delhi High Court that being merely a search engine, it is unable to control the availability of the content..As long as the content is available on any website, the Google search engine or any other search engine would display it in its search results, it has contended..Therefore, in order to remove the content, a direction for the same ought to be issued to the concerned website, Google has stated..In view of the above, Google has moved an application before the High Court to reconsider the order asking it to take down the allegedly defamatory content..While seeking the response of the parties to the application, a Single Judge Bench of Justice Rajiv Sahai Endlaw also asked if it was technically feasible to devise technology to restrict the availability of any objectionable content on search engines after Court orders..“I have however enquired from the senior counsel for the applicant/defendant no.5, whether not it was technically feasible for the applicant/defendant no.5 as a search engine to device a technology so that whenever a court order with respect to a particular content is passed, search engines such as Applicant/Defendant No.5 do not lead to the impugned content on whichsoever website it may be contained and which are accessed through the said search engines.”.Google also submitted that the order of injunction in the present case should not be allowed to be used as a “means to stifle” publication of content without giving an opportunity to be heard to the publisher, as the content may be in public interest..It was also pointed out that some of the content being targeted in injunction order is published by reputed organizations such as Indian Express, The Week, NDTV, LiveMint etc. Gupta has deliberately and with malafide intentions failed to implead them as parties to the defamation suit, it was argued..Subodh Gupta had moved the High Court last month, aggrieved by the “defamatory content” on an anonymous Instagram account with the handle ‘Herdsceneand’ pertaining to allegations of sexual harassment..Consequently, the Court had passed an order directing ‘Herdsceneand’ to stop posting on its Instagram account any content pertaining to Gupta. The Court had also directed Instagram LLC, Facebook, Inc, Facebook Ireland Ltd, Google Inc and Google India Pvt. Ltd to remove/takedown/block access to the defamatory content pertaining to Gupta..The Court had also asked Gupta to communicate to Google Inc the URLs that contain the allegedly defamatory content. On receipt of the intimation, Google Inc was required to block such URLs within 72 hours. The search engine was also directed to block certain URLs of magazines and news publications that appear in the search results, the Court directed..Additionally, Instagram LCC was also directed to furnish the particulars of the person/entity behind the Instagram account ‘Herdsceneand’ in a sealed cover before the next date of hearing i.e. September 30..The matter will be heard next on November 18..Subodh Gupta was represented by Senior Advocate Kailash Vasdev with Advocates Neoma Vasdev and Siddharth Garg..Google was represented by Senior Advocate Arvind Nigam with Advocates Neel Mason, Sanyukta Banerjee and Ridhima Pabbi. .Read the Order: