HC seeks Smriti Irani’s response to Google, Twitter’s plea over content links

The Delhi high court on Monday sought the response of Union minister Smriti Irani on a plea by internet companies Google (YouTube) and Twitter seeking details of URLs and web links of objectionable comments made against the BJP leader and her daughter by three Congress leaders over their alleged connection with a restaurant in Goa.

Justice Mini Pushkarna issued a notice to Irani after Google told the court that the minister was under obligation to provide them the web links which have to be disabled according to the court’s direction of July 29. The tech giant told the court that complying with the earlier orders it has removed one web link that was given by Irani.

The social media companies have sought a modification of the July 29 order in which the court directed them to remove the allegations, videos, posts, tweets, re-tweets, captions, and taglines shared by Jairam Ramesh, Netta D’ Souza and Pawan Khera if the Congress leaders did not remove the content within 24 hours.

The order had come after Irani filed a civil defamation suit seeking removal of posts as an interim relief, while also asking damages to the tune of ₹2 crore.

On July 23, the Congress leaders held a press conference levelling a series of allegations against Irani and her daughter regarding a statutory licence in respect of food and beverage operations at a restaurant named Silly Souls Cafe and Bar in Goa.

On Monday, senior advocate Arvind Nigam, representing Google, submitted that the URLs that the plaintiff wants removed must be provided to the social media intermediary, which cannot be expected to monitor the material.

Nigam contended that Google is not an adjudicating authority and it cannot take a call on the content to be removed and, hence, the plaintiff is under an obligation to give them the web links, following which action would be taken.

It said that a sword of contempt hangs on it for not complying with the order of July 29 even though it did not have the links.

On July 29, the high court issued summons to Ramesh, Khera, and D’Souza on Irani’s civil defamation suit and asked them to take down tweets and other social media posts on allegations levelled against the minister and her daughter.

It held that Irani and her daughter were neither owners of the restaurant-cum-bar in Goa at the centre of the controversy nor a licence was ever issued in their favour, and said the statements by three Congress leaders against them seemed to be “bogus with malicious intent”.

Saying that even the show-cause notice issued by the government of Goa was not addressed to Irani or her family members, the high court said the three Congress leaders along with others conspired to “launch a tirade of false, scathing and belligerent personal attacks” against them.

The matter has been listed for further hearing before the court and registrar on November 15.