Google Ordered to Reveal Blogger Identity in Defamation Suit in India

Google India has been ordered by the Bombay High Court to reveal the identity of a blogger known only as "Toxic Writer", who is accused of defamation against Gremach Infrastructure, a small construction company.  Gremach filed suit against Google in February 2008. 
 
The blogger's criticism on blogger.com led Grematch to file a defamation suit in February directly against Google India.  In an Order in the case, the High Court of Bombay has stated "there is merit in the contention of the Plaintiffs that the article put up by the Defendant on the blog site is defamatory". 
 
The case received international attention when it was reported in the August 15, 2008 Wall Street Journal article: Google Faces Defamation Lawsuit in India.  According to the article, "...a blogger using the name "Toxic Writer" criticized [Gremach Infrastructure] on blogger.com, a site that allows individuals to create blogs without publicly revealing their identities."   The language at issue was posted in a blog titled "Toxic Fumes".
 
As a result of the lawsuit, the Wall Street Journal article continues, "The court ordered Google India to reveal the identity of the blogger...Google India has removed the blog but has yet to reveal the blogger's real name."  The article also notes that under Indian law, Google can be held responsible for content posted to its websites.

 

An article in the Economic Times in India adds further detail.  The blog posts campaigned against Gremach's coal mining operations in Mozambique, and amounted to what the company labeled a "hate campaign".   Gremach also suspects that a coprorate rival may be behind the campaign.  The Mumbai cyber-crimes unit was asked to investigate, but the police "hit a dead end" after Google India declined to reveal the blogger's identity. 
 
Google India also failed to respond to the Court's first notice to appear. 
 
The Bombay High Court's Order, available from its website, is reproduced below.  Additional materials on the case will be posted here as they become available. 

 

===================================================================

 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

 

NOTICE OF MOTION NO.668 OF 2008
IN
SUIT NO.506 OF 2008

 

Gremach Infrastructure Equipments &
Projects Limited & Ors. ...Plaintiffs.

 

Vs.

 

Google India Private Limited. ...Defendant.

....
Mr.Rahul Chitnis i/b. Rajani Associates for the Plaintiffs.
None for the Defendant.
.....

CORAM :DR.D.Y.CHANDRACHUD, J.
February 26, 2008.
P.C.:

 

Leave to amend in terms of the draft tendered in.

Amendment to be carried out within one week.

 

This order will dispose of an application for ad-interim relief
in a suit for defamation.

 

The First and Second Plaintiffs are part of a group of
Companies known as 'Gremach Group'. The aforesaid Group of
Companies is inter alia engaged in the manufacture of LAM Coke,
refractory, mining and infrastructure development. The First Plaintiff
has a 75% stake in prospecting licences in Mozambique.

 

The Defendant provides a platform for blog spots or blog sites, one of
them being 'Toxic Writer'. The cause of action for the suit originates
from a blog which was posted on 24th January 2008 and 3rd February
2008 at a blogspot titled “Toxic Fumes”. The article on the basis of
which the suit for defamation has been instituted is annexed as
Exh.A-1 to the Plaint. In paragraph 9, the Plaintiffs have extracted
certain specific portions of the article which are regarded as being
defamatory. Prima facie, at the present stage, there is merit in the
contention of the Plaintiffs that the article put up by the Defendant on
th blog site is defamatory.

 

The Defendant has not entered appearance despite service of a notice.

 

Two reliefs have been sought at the ad-interim stage,
the first being an order of injunction and the
second, a requirement for the Defendant to disclose particulars,
names and the address of the person who is the author of the article.
There shall be an ad-interim order in terms of prayer clauses (a) and (b).

The Defendant shall make a disclosure in terms of the relief
granted in terms of prayer clause (b) within a period of four weeks
from the date of the communication of this order. The Notice of
Motion is made returnable on 28th July 2008.
......