Google has informed the Delhi High Court that it cannot be compelled to proactively monitor or prevent unauthorized re-uploads of court hearing videos on YouTube, emphasizing its intermediary status under Indian law and highlighting challenges in policing third-party content at scale.
- Google stresses it cannot police millions of videos proactively.
- Liability for unauthorized court recordings rests with uploaders, not platforms.
- Removal orders need precise court adjudication before action.
What happened
Google LLC submitted an affidavit to the Delhi High Court responding to a Public Interest Litigation (PIL) concerning the unauthorized circulation of videos from the April 13, 2026 court hearing related to Arvind Kejriwal’s recusal plea. The company clarified its role as an intermediary platform under the Information Technology Act, 2000, stating that it does not create or control third-party content on YouTube.
Google argued that it cannot be mandated to proactively monitor or prevent the upload of such videos, as this would require scanning millions of uploads with no ability to verify the legality of every piece of content independently. It informed the court that identified URLs of unauthorized recordings had already been blocked or made unavailable in India, either preemptively or following court directions.
Why it matters
This case highlights the ongoing tensions between digital platforms’ intermediary liability protections and the enforcement of content rules, especially concerning sensitive material such as court proceedings. Platforms like YouTube have built-in safe harbour protections under Indian law, shielding them from liability provided they act on court or government orders rather than preemptively policing content.
Google’s position underscores the legal and practical limits of content moderation at scale and raises critical questions about balancing transparency and privacy in judicial proceedings against free expression and platform operations. The outcome will influence how future content related to legal processes is managed by tech companies operating in India.
What to watch next
The Delhi High Court’s decision on this PIL will be pivotal in defining the scope of intermediary responsibilities in India. Observers should follow whether the court accepts Google’s arguments or imposes new obligations on platforms for proactive monitoring of sensitive video content.
Additionally, monitoring any updates to the Information Technology Act or court rules on recording and sharing judicial proceedings will be critical, as evolving regulations could reshape how digital platforms manage content linked to legal matters and impact wider policy on intermediary liability.