Can't stop unauthorised court recordings before they reach YouTube, says Google to Delhi High Court

Google has finally informed Delhi High Court that it cannot proactively stop or monitor unauthorized recording of court proceedings from YouTube. The tech giant filed an affidavit before the court and stated that it is not legally required to remove such videos from its platform. In addition, it is also not technically possible of identifying court proceeding videos before they appear on YouTube. Also Read: From spoken ideas to organized notes, Google brings AI-powered productivity to Gmail and Keep

The response from Google comes during the case that seeks stricter action against the sharing and recording of court proceedings without permission. The company, however, argued that it can only remove the content, videos, or recordings after they are identified and declared unlawful by a competent court. Also Read: Google unveils Nano Banana 2 Lite with 4-second AI image generation

Google cannot identify court proceeding before they are uploaded on YouTube

Because the video is not created on YouTube, it is impossible to determine whether a video contains any court proceedings before it is uploaded to YouTube, Google said in the affidavit. Also Read: Google launches Finance app with AI-powered market insights and portfolio tracking

The company also stated that they are unable to confirm if a recording was done with permission. It is difficult to standardize video recording and broadcasting rules across all courts and states in India as they vary in response to different situations.

Based on these differences, Google argued that it cannot automatically identify or block videos that may violate court rules

Google can only take action after videos are identified

Google argued that it’s not responsible for the law until it has been identified.

The company stated that it is able to delete or block videos when they are reported using the exact link to the video on YouTube and upon a court’s decision that they violate the law.

But Google said it is unable to manually watch millions of the videos uploaded daily to YouTube to look for possible unauthorised recordings of court proceedings.

The company says it would be impractical to have platforms scanning all content before it is uploaded.

Google refers existing Indian laws

Google stated in its affidavit that the Indian law doesn’t mandatorily impose on online intermediaries the duty to determine the legality or illegality of third-party content.

The company explained that it’s not possible to decide on a case-by-case basis whether certain content is illegal, and that can be done only by a competent court.

Google also said that videos that were detected during the current proceedings have already been taken down or blocked from YouTube.

Why this case reached Delhi high court?

The issue came up after advocate Vaibhav Singh had filed a petition for action against those who have uploaded videos of former Delhi Chief Minister Arvind Kejriwal addressing Justice Swarna Kanta Sharma in person during a hearing regarding the excise policy case.

Immediately after the court action, the videos were posted on social media in large numbers.

The petition also asked for directions to ban users from uploading and sharing unauthorized videos of court proceedings in the future in the online platforms.

Concerns raised by Delhi high court

Earlier this year, the Delhi High Court had said that there was “growing menace” of the unauthorised recording of court proceedings.

The court recognized that the dignity of judicial proceedings and the administration of justice are important considerations to keep in mind to prevent such recordings.

The current case is considering whether online platforms have a greater responsibility in preventing such content from spreading.

What court rules say?

The Delhi High Court made the Streaming and Recording of Court Proceedings Rules, 2022 which already ban unauthorised recording and broadcasting of court proceedings.

But these guidelines focus on the user who writes the content and not the website that fails to disclose that it is using it.

Google has relied on this distinction while arguing that platforms should not be held responsible for identifying unauthorised recordings before they are reported.

Why this case matters for Google and Delhi Court?

This case is one of the most important one for Google as it could have wider implications for online platforms operating in India.

If Delhi High court decides that platforms are bound by law to proactively detect unauthorized court recordings, then companies like Google will have to introduce new content policies and moderation system. This will be specifically applied for judicial proceedings.

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At the same time, Google argues that such a requirement would be technically challenging and difficult. The company says, it is legally inconsistent with the role of intermediaries under Indian law.