Delhi High Court to consider issuing Letters Rogatory to Ireland after Google refuses to reveal identity of YouTube channel

The Delhi High Court is set to consider issuing a Letters Rogatory (request to a foreign court for judicial assistance) through the Central government to Ireland for disclosure of information related to a YouTube channel accused of disparaging the popular milk brand Amul [Gujarat Cooperative Milk Marketing Federation Ltd & Anr v. Sujay Kumar & Ors]..Justice Anish Dayal also permitted Google to place its stand on record.Google has refused to disclose the information citing applicability of European Union’s General Data Protection Regulation (GDPR) to the YouTube channel operating from Ireland.The High Court since 2021 has been seized of a suit filed by Gujarat Cooperative Milk Marketing Federation against the alleged disparagement of its company and trademark ‘Amul’ on social media including YouTube. .In the order passed on February 2, Justice Dayal expressed concern that non-disclosure of the identity of YouTube channel ‘WIDEOPEN’ was hindering the progress of the trial in the suit. “While disparaging posts by various defendants had been injuncted by previous orders of this Court, the issue relating to defendant no. 5 assumed focus since the identity of defendant no.5 was not revealed by Google LLC (the operator of the platform YouTube),” the Court noted..Google’s consistent stand in the suit has been that it cannot disclose the identity or Basic Subscriber Information (BSI) as the YouTube channel in question operates out of the European Union and the data was protected under GDPR rules applicable thereGoogle Ireland is the repository of the data relating to the identity of the YouTube channel and in the absence of a 'Mutual Legal Assistance Treaty' between India and Ireland, the only way its BSI details can be revealed is either by means of a legal process through Irish Courts or by way of a Letters Rogatory through the Government, the Court was told..In this backdrop, the Court in the latest order recorded that either a Letters Rogatory can be issued through the government or it can direct Google Ireland to seek appropriate orders from the local Irish Courts in respect of their obligations under the GDPR.The counsel representing the Central government told the Court that Letters Rogatory will only involve an official communication between the two countries, and may not necessarily culminate in a direction from the Irish Courts.“Therefore, the latter option maybe preferable,” the Court said while referring to Letters Rogatory..After the counsel representing Google Ireland said he will file a response regarding it, the Court passed the following direction:“He is permitted to do so and may file a response, placing their reservations to this option, if any. Copy of the response filed by Google Ireland may be given to the plaintiff who may file a rejoinder thereto before the next date of hearing.”Meanwhile, Justice Dayal also took note of an earlier ruling of the High Court wherein it was held plaintiffs cannot be left remediless on account of data protection laws in various other jurisdictions in the world. The Court will consider the matter next on April 22.[Read Order]