Lawstreet Journal

Youtube Is A Private Company That Isn't Subject To Writ Jurisdiction: High Court Of Rajasthan

Lawstreet Journal 10 Mar 2022 7:51pm

Image courtesy: Lawstreet Journal Judiciary Youtube Is A Private Company That Isn't Subject To Writ Jurisdiction:  High Court Of Rajasthan

A writ petition seeking numerous reliefs relating to online video sharing site YouTube was dismissed by the Rajasthan High Court on March 7, 2022 as non-maintainable.

In light of the public nature of the functions it performs, Hon'ble Justice Mr. Mahendar Kumar Goyal declined to accept the petitioner's argument that YouTube performs functions of a state.

The Hon’ble Justice said 

“In absence of any factual foundation to substantiate the submission that the respondent No.1 has deep and pervasive control over the affairs of the respondent No.2 or it discharges the public functions which are akin to the Government functions, this Court is not persuaded to accept the submission made by learned counsel for the petitioner”. 

 

Dharmender Kumar Sharma filed the current petition, asking the court to overturn You tube’s decision to remove his videos and, as a result, his channel's removal from the platform. He also went to Youtube for help in restoring his channel, which he had named and styled "Gurudev Siyag Sidh Yoga Free."

The plea stated that :

“That respondents are a state, hence squarely amenable to the writ jurisdiction of this Hon’ble Court. It is also evident from that facts mentioned supra that respondent no.2 follows an arbitrary and inconsistent application of content moderation policy. Rather, it seems it has established a parallel regime of speech regulation along with the state. Hence, respondent no.2 discharges the functions of a ‘state’ considering the public nature of the functions it performs”.

 

The Court noted that even… Continue Reading...


Tagged: YouTube   Rajasthan High Court  
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