Google India can't be sued for content hosted by Google LLC, YouTube: Karnataka High Court

The Karnataka High Court recently held that Google India Private Limited cannot be sued for defamatory content hosted by US companies Google LLC and YouTube, as they are distinct legal entities [Google India Private Limited v. Nayana Krishna].

Justice Vijaykumar A Patil reasoned,

"The petitioner (Google India) has placed the Google terms of service, which clearly indicate that the petitioner is a distinct legal entity registered under the Act, and (its) wholly owned subsidiary of Google LLC., hence, I am of the considered view that both the entities are distinct legal entities, and if any posting, broadcasting, web-hosting by Google LLC., and YouTube, the petitioner cannot be sued."

Google India is the Indian subsidiary of Google LLC, which acquired video sharing platform YouTube in 2006. Google LLC, in turn, is a wholly owned subsidiary of US-based Alphabet Inc.

The case before the Karnataka High Court concerned a defamation suit filed by a woman (plaintiff) against 21 entities to restrain them from hosting, publishing or broadcasting any defamatory content against her that could harm her reputation. Google India was among the 21 entities named as a defendant in this suit.

It was contended that there is no allegation made by the plaintiff against Google India specifically, or that Google India hosted any defamatory content. Google India also argued that it is distinct from Google LLC, being a company incorporated under Indian company law with a registered office in Bengaluru. The company asserted that it had nothing to do with acts by Google LLC, a company that has been incorporated under the laws of the United States of America. Thus, it cannot be held liable for acts by YouTube, the Court was told.

It, therefore, argued that it ought to be struck off from the list of defendants in the defamation suit.

It eventually moved a writ petition before the High Court in the matter, which was allowed on July 9 by directing the trial court to delete Google India from the list of defendants to the defamation case.

The Court also observed that the plaintiff has not placed anything on record to show that Google India hosted any defamatory content against her.

"In the entire plaint there is no whisper as to what was the defamatory material that the petitioner had published, web-hosted, posted on its website. Even along with the plaint nothing is placed on record before the trial Court to contend that the petitioner has posted, web- hosted, the defamatory material against the respondent (plaintiff). Hence, I am of the considered view that the petitioner is not a necessary party to the suit," the High Court said.

Advocates Mrinal Shankar and Aditya Vikram Bhat represented Google India.

Advocate Akarsh Kanade represented the respondent (plaintiff in the defamation suit before a Bengaluru trial court).

[Read Order]