Google, who owns YouTube, is reluctant to disclose the user IP and other private information citing it violates the privacy policy agreement between the two parties. Madras High Court on the other hand, sees it as an obstruction of justice.
The video allegedly shows one Lebara Foundation in a bad light, claims the privately-owned company that filed the lawsuit.
As per the court’s direction, YouTube has blocked access to the video from India, but it is still available for viewing internationally.
The issue is that the uploader’s IP is registered outside India. This means that Indian court orders will have no jurisdiction over it.
Google & YouTube are asked by Madras HC to give user details of one account, said to be posted a defamatory video #Privacy #PrivacyIndia
— Yogesh Beniwal (@DFIRguy) October 26, 2016
In its privacy policy, YouTube states: "We will share personal information … outside of Google if we have a good-faith belief that … disclosure of the information is reasonably necessary to … meet any applicable law, regulation, legal process or enforceable governmental request."
But the bench also raises a reasonable point. "In our view, YouTube and Google are being unnecessarily apprehensive about the possibility of legal proceedings being initiated against them by the undisclosed Marupakkam, as certainly the agreement (with Marupakkam) does not contain a term that there would be no disclosure of information even if directed by the court," the bench concluded.
"The next step is to serve notice to Marupakkam against whom defamation proceedings have been initiated. For that purpose, YouTube and Google have been asked to disclose the address where the author could be served."
This matter raises fresh concerns about the privacy issues in social media in the world today and how abusing social media faculties be embroiled in litigations. With Apple and Facebook sharing user messages and other personal information upon requests, privacy in the tech world is becoming more and more transparent.
