In Aaradhya Bachchan’s plea filed against videos being circulated on YouTube with fake information about her health, the Delhi High Court has restrained YouTube channels from circulating misleading videos.
Aaradhya Bachchan, the granddaughter of Amitabh Bachchan and daughter of Aishwarya Rai Bachchan and Abhishek Bachchan, moved Delhi High Court on April 19, against a YouTube tabloid for reporting ‘fake news’ about her health.
The court has restrained nine YouTube channels and completely restricted them from creating, publishing, uploading, or sharing any content on any public platform relating to Aaradhya’s state of health or physical condition.
The HC has directed Google LLC to immediately proceed to delist and deactivate videos forming the subject matter of the present case.
Further, suppose Aaradhya Bachchan brings any other video clip uploaded on its YouTube platform to their notice, relating to her physical health. In that case, Google LLC will proceed to take down the said video. In that case, Aaradhya Bachchan will be required to move the application before the court and bring said facts to its notice.
The court observed that such circulation of misleading information about a child of tender years reflects morbid perversity on part of the person sharing the videos, and also shows empathy towards the child in question.
‘Every child is entitled to respect, be it a child of a celebrity or commoner,’ Justice C Hari Shankar said.
According to the Delhi HC, dissemination of misleading information to a child especially as regards physical and mental health is completely intolerable by law.
The court said that no technicality can come in way of the court when such attempts are noticed.
The court observed that the facts of the case make clear prima facie case in favour of Aaradhna Bachchan, who has moved the high court through her father, Abhishek Bachchan.
Therefore, directions have been issued to grant relief without waiting for the response to prevent any prejudice to the plaintiff.
The court has issued notice to Google LLC and other respondents in Bachchan’s application for interim relief and a 4-week time has been granted to file a response.
The court has instructed the Ministry of Electronics and Information Technology to block access to all aforesaid uploaded content or similar content on Aaradhya Bachchan bringing to their notice.
The court has sought a compliance report with regard to these directions in one week.
Details of the case
The court recorded that Aaradhya, the plaintiff, is the daughter of Abhishek Bachchan and Aishwarya Bachchan, Granddaughter of Amitabh Bachchan and Jaya Bachchan, all four of whom are celebrities of their own kind.
The court noted that the plaintiff has stated that she’s at a tender age, and circulation of these videos, has come to her on account of their celebrity status.
Aaradhya’s grievance in her plaint is that though she’s a healthy school-going-child, studying in Dhirubhai Ambani International School, certain miscreants for publicity have over time been circulating videos on YouTube stating she is critically ill, to the extent that one video even claimed she is no more.
Further, morphed pictures have also been used in said videos, so as to lend colour to the information that they seek to convey. The videos also invite subscriptions from those viewing them.
The plaint alleges that the same violates the plaintiff’s right to privacy and Information Technology rules, and the Intellectual Property Rights which vest in Bachchan family, including copyright in images and pictures of the plaintiff.