After the Delhi High Court ordered Google, Facebook and Instagram to take down links pertaining to alleged sexual harassment by artist Subodh Gupta, Google Inc has reportedly moved the HC to vacate the order, the Indian Express reported.
Gupta had filed a defamation case in regards to a MeToo post from last year. The allegations by survivors in the art world against the artist were put up by Instagram account @herdsceneand, against whom Gupta filed a defamation suit.
In his suit, Gupta sought ‘token’ damages of Rs 5 crore. During the hearing, the Delhi High Court directed all links that talk about the allegations to be taken down and directed @herdsceneand, Instagram, Facebook Inc., Facebook Ireland, Google Inc and Google India to take down all content pertaining to Gupta. The order listed 18 URLs.
Following this, the allegation against Subodh Gupta, which was on Instagram, was taken down by parent company Facebook for users in India. Users outside India can still view the post.
According to the Indian Express, Google has said that taking the links down would have a “chilling effect on freedom of speech and expression and be against public interest”.
Google reportedly told the court that it operates a search engine which indexes information, but the information that is from third party website that is “beyond their control and supervision and they do not create, own or control any content on third party websites” — due to which they are neither the host nor the publisher of the content.
“...the present proceedings have been clearly initiated with a view to put an unreasonable restraint on the freedom of speech and expression on the internet as well as the freedom of the press,” Google reportedly said.
This will now be heard on November 18, when the court will hear Gupta’s plea as well.
On December 13, 2018, @herdsceneand put a post where a woman had listed multiple instances of Subodh’s alleged inappropriate behaviour. This was followed by another account as well. At the time, Subodh stepped down as the co-curator of the Serendipity Arts Festival in Goa, and denied the allegations against him, and called the allegations against him as “false and fabricated.”