"Action Compliant With IT Rules": Google To Andhra Pradesh HC On Blocking String Art's YouTube Account Allegedly Over Video Against Bill Gates

Google Inc recently opposed the petition filed by M/S String Art Private Limited seeking damages worth Rs. It was contended that the petitioner-company posted a video titled "Bill Gates Exposed-Rockefeller Funds Fertility Vaccine Scam I#BirthControl” on YouTube, following which its accounts were suspended and eventually terminated, without any prior notice. Google contended that it is merely an 'intermediary' and is protected against liability as per section 79 of the IT Act, for information made available on its platform by third parties; however, Rule 2 of the IT Rules, 2021 mandate 'Significant Social Media Intermediaries' to observe additional due diligence. Google further said that a simple reading of the 'Youtube Terms of Service', 'Google's Privacy Policy' and 'YouTube Community Guidelines' would make clear that YouTube had adopted a 'strike policy' to deal with violators but had also introduced a 'circumvention policy' as per which, the connected accounts of a repeated/serious violator will be terminated to deter the violator from uploading the same content from another account/channel. More importantly, Rule 3 of the IT Rules, 2021 which enjoins intermediaries such as the Answering Respondent to periodically inform users that in case of non-compliance with rules and regulations, privacy policy or user agreement, the intermediary has the right to terminate or curtail access or usage rights of the users, as well as remove non-compliant information.” Lastly, it was stated that YouTube had followed the procedure laid down under Rules 4 for the termination of the account and that a mode to appeal against the decision was also provided for.