The Delhi High Court on Friday ordered the Centre’s Grievance Appellate Committee (GAC) to rule within 15 days on a petition seeking the removal of a YouTube video by content creator Dhruv Rathee that allegedly disparages Hindu deities.
The petition, filed by a group of Hindu religious organisations, claims the video “offends religious sentiments” and violates the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The court directed the GAC, which adjudicates complaints against online intermediaries, to consider the plea and deliver its decision by October 20, 2024.
The court’s order also instructed the Ministry of Electronics and Information Technology to ensure that the GAC complies with the deadline. In its ruling, the bench noted that the matter is “of public importance” and that a prompt decision is needed to prevent prolonged uncertainty for the platform and the content creator.
Dhruv Rathee, a popular Indian YouTuber known for political commentary, has not publicly responded to the order as of press time. The video in question, posted in early 2023, discusses various religious practices and includes commentary that the petitioners say is “derogatory towards Hindu deities.”
The GAC’s mandate includes examining whether content on online platforms violates Indian law and, if so, directing the removal of such material. It previously ordered the removal of several videos and posts deemed to contravene the IT Rules, but critics have argued that its decisions sometimes lack transparency.
Analysis:
The court’s directive underscores the growing legal scrutiny of online speech in India, especially content that touches on religion. By imposing a 15‑day deadline, the bench seeks to balance the rights of creators to free expression with the state’s duty to protect religious harmony, a principle enshrined in the Indian Constitution. However, the order also raises questions about procedural fairness for content creators, who may have limited time to prepare a defense before a quasi‑judicial body.
The case arrives amid broader debates over the reach of the 2021 IT Rules, which empower the government to regulate digital content and require platforms to remove “unlawful” material within specified timeframes. Industry observers note that repeated court interventions could pressure platforms to adopt more cautious moderation policies, potentially leading to over‑removal of content to avoid liability.
For Rathee, the outcome could set a precedent for how religious criticism is treated under India’s digital regulatory framework. If the GAC orders the video’s removal, it may embolden further petitions against content that challenges orthodox religious narratives, while a decision to retain the video could reinforce protections for political commentary.
Sources
Hindustan Times, “Decide on controversial video in 15 days, govt told,” https://www.hindustantimes.com/india-news/decide-on-controversial-video-in-15-days-govt-told-101783106285748.html
Story synopsis gathered from: Hindustan Times – India News — source
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