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SC Upholds Bombay HC: Magistrate Cannot Order Online Takedown Under Section 69 IT Act

Case Law Details

TaxGuru Citation
2026 taxguru.in 2623
Case Name
Dhyan Foundation Vs Google LLC Anr (Supreme Court of India)
Date of Judgement/Order
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Dhyan Foundation Vs Google LLC Anr (Supreme Court of India)

The matter arose from proceedings initiated by the petitioner, a registered charitable non-profit organization engaged in animal welfare activities, alleging that five per se defamatory videos were broadcast and circulated on YouTube, operated by Respondent No. 1. The petitioner contended that the videos contained false and defamatory imputations and had the propensity to tarnish its image and reputation.

Read HC Judgment in this case: Delay of 116 Days Condoned as Organizational Decision-Making Held Sufficient Cause: Bombay HC

The petitioner filed Miscellaneous Application No. 4907/2021 before the Metropolitan Magistrate, Ballard Pier, Mumbai. By order dated 31 March 2023, the Magistrate directed Respondent No. 1 to stop and remove the circulation of the videos and directed the State Government to correspond with Respondent No. 1 to ensure compliance with the rules framed under the Information Technology Act, 2000.

Upon alleged non-compliance, the petitioner filed CC No. Misc/3800448/2023 seeking action for disobedience of the Magistrate’s order. Respondent No. 1 then filed a Criminal Revision Application before the Sessions Court along with an application seeking condonation of 116 days’ delay. On 31 December 2024, the Additional Sessions Judge condoned the delay. The petitioner challenged this in Writ Petition No. 760/2025, contending that the delay was condoned mechanically without sufficient cause.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,486

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