An enjoining order has been issued against YouTube LLC and a local YouTube channel named “Colombo Today” by the Additional District Judge of the District Court of Colombo from continuing to publish an allegedly defamatory video on Russian Education Centre, also known as REC Campus.
Legal action had been initiated by REC Campus against California-based social media platform YouTube, over the publication of defamatory videos, injuring the business reputation of REC Campus.
According to a statement issued by the REC Campus, the allegedly defamatory video, which was published by a local channel and conducted in Sinhala, stated that the plaintiff – REC Campus, is a cheat who cheated on the money spent by students.
These defamatory statements have subjected the plaintiff to ridicule and/or hatred and contempt in the eyes of the public.
It was alleged that YouTube had dismissed the requests of the plaintiff to remove the video, saying that YouTube cannot determine the “merits” of the complaint.
The plaintiff’s claim before the court was that YouTube – which is a business entity operating from the US – cannot arrogate upon themselves any right to determine the “merits” of a complaint of defamation which is governed by laws of another sovereign nation, claimed the statement.
The statement by REC Campus further said the plaintiff had also claimed that YouTube acted with impunity when it responded by saying that YouTube “may consider” complying with a court order.
The plaintiff has strongly claimed that YouTube, being a media entity having a massive influence over the entire world, cannot act in disregard of the laws of nations, and at least must be more responsible and respectful towards the allegations of illegal conduct on its platform.
The plaintiff had also pleaded that YouTube LLC facilitates the creation of “channels” on its platform with almost zero verification of authenticity and identity of persons for commercial gain.
REC Campus pointed out that in this case, YouTube had permitted the creation of a channel called “Colombo Today” with no real person and no real address. The address given in the registration of the channel has been an address in an entertainment district in London.
The plaintiff claims that when asked to remove the video, YouTube refused the request and asked the plaintiff to contact the uploader. However, when asked to provide the contact details and the address of the uploader, YouTube failed to comply, the statement said.
the statement concluded that it is alleged that notwithstanding the identities of the actual persons who uploaded the defamatory video, YouTube, as the publisher and the owner of the media, is strictly liable in respect of the defamation. (NewsWire)
In possibly the first of its kind in Sri Lanka, REC Campus has brought the action against YouTube, alleging reckless refusals by YouTube to remove the alleged video in spite of complaints and legal notices. (NewsWire)