What TV doesn't, print can't; we deliver.
What TV doesn't, print can't; we deliver.
NEW DELHI: Digital news platform The New Indian has filed a plea in the Delhi High Court against tech giants Google and YouTube, alleging discriminatory practices, including shadow banning and unjustified removal of videos from its YouTube channel.
The petition moved through Advocate Raghav Awasthi, claims that videos on similar topics uploaded by other channels receive significantly higher views compared to The New Indian’s content. The High Court has admitted the plea and scheduled the next hearing for January 21.
Background of the Issue
The dispute traces back to YouTube’s removal of a video titled “Udaipur Beheading Shakes India’s Conscience,” citing violations of its policy against violent or graphic content. In response to an appeal, Google reviewed another video titled “EXC: Culprits Are Part of Terror Outfit; CM Responsible for Kanhaiya’s Murder: BJP Leader Kataria” and upheld its removal, stating that it also breached content guidelines. Several other videos from the channel were similarly taken down.
On October 28, 2022, the organization’s founder, Ms. Aarti Tikoo, wrote to Google, raising concerns about what she described as “unjustified, AI-generated strikes.” Despite providing detailed clarifications, she alleged that Google failed to offer satisfactory explanations.
Further controversy erupted on January 26, 2023, when The New Indian attempted to livestream the Republic Day parade under the title “Live On The New Indian: India Shows Military Might on 74th Republic Day.” The livestream was suspended for seven days after Google imposed three strikes, claiming violations of its policies on spam, deceptive practices, and scams. The video was not reinstated.
Legal Action
Frustrated by these repeated obstacles, The New Indian filed a legal plea seeking relief against what it termed as unfair treatment. The organization filed an urgent suit along with an application under Order XXXIX Rules 1 and 2, read with Section 151 of the Civil Procedure Code, seeking an interim injunction to prevent Google from imposing further restrictions or strikes on its channel without adhering to due process as outlined in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The plea argued that persistent shadow banning and unjustified strikes, especially during the critical election period, could irreparably harm the reputation of the platform as a credible news organization.
Claims Against Google
The New Indian also alleged that Google manipulates keyword searches to favour certain channels, pushing its content lower in search results. The organization contended that such practices undermine fair competition and violate principles of neutrality essential for digital platforms.
The petition emphasized:
“As a reputable news agency, unfair treatment and shadow banning without valid justification could cause irreparable harm to the Plaintiff’s reputation, which cannot be compensated monetarily. Therefore, fair treatment under the Information Technology Rules, 2021, is sought.”
Next Steps
With its plea admitted by the Delhi High Court, The New Indian is now awaiting the January 21 hearing, where it hopes to secure measures ensuring transparency and fairness in Google and YouTube’s content moderation practices.
