Case Summary
Leena Sham has filed a suit against YouTube and her daughter, Sharikka Sham, seeking a permanent injunction to remove a video uploaded by her deceased son. The video is claimed to violate her privacy and has caused distress to the family after the son's death.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction against YouTube for public streaming and dissemination of the video.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the petitioner likely to suffer irreparable harm if the video remained available.
The court found the petitioner likely to suffer irreparable harm if the video remained available.
Judgment Evidence:
In the result, Petition is allowed. 1st respondent is restrained by a temporary injunction from public streaming, public displaying, sharing or otherwise public disseminating of the injunction scheduled video in its internet and other platforms.
Parties Involved
Plaintiffs
Leena Sham (69 years)
1/376, Smriti, Tower Road, Fort Kochi, Kerala- 682001
Defendants
M/s Google L L C (Age not specified years)
1600 Amphitheatre Parkway, Mountain View, CA 94043, United States of America
Sharikka Sham (41 years)
1/376, Smriti, Tower Road, Fort Kochi, Kerala- 682001, currently residing at Flat No. 17, Jamuna, C/o Dr. Gincy Mathew, Sangam Complex, St. Martin Road, Palarivattom, Ernakulam- 682025
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
The petitioner sought a temporary injunction preventing YouTube from publicly displaying or sharing the video.
Evidence:
Therefore, in the interest of justice, it is expedient to restrain the public streaming of the video by the 1st respondent.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
The document establishes the death of Shalith Sham, the uploader of the contentious video.
Reference:
Ext.A1
Document Type:
Printout of plaint schedule video
Submitted By:
Plaintiff
Relevance:
This document includes the transcription of the video which is being contested.
Reference:
Ext.A2
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to YouTube requesting the removal of the video.
Reference:
Ext.A3
Document Type:
Print of reply
Submitted By:
Plaintiff
Relevance:
YouTube's response to the lawyer's notice regarding the video removal.
Reference:
Ext.A4
Document Type:
Medical Certificate
Submitted By:
Plaintiff
Relevance:
This certificate provides evidence regarding the health condition of the deceased.
Reference:
Ext.A5
Document Type:
Expenditure Certificate
Submitted By:
Plaintiff
Relevance:
This document shows the costs incurred for the deceased's treatment.
Reference:
Ext.A6
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
This document is related to a police complaint relevant to the family issues arising from the video.
Reference:
Ext.A7
Document Type:
Terms and Conditions of YouTube
Submitted By:
Plaintiff
Relevance:
This document outlines YouTube's policies regarding content ownership and user rights.
Reference:
Ext.A8
Document Type:
Power of Attorney Deed
Submitted By:
Defendant
Relevance:
This document indicates the authority granted by the answering defendant.
Reference:
Ext.B1
Document Type:
Terms of Service of YouTube
Submitted By:
Defendant
Relevance:
This document provides context regarding the operation of YouTube as a platform.
Reference:
Ext.B2
Document Type:
Privacy Policy of YouTube
Submitted By:
Defendant
Relevance:
This document explains YouTube's privacy practices related to user data.
Reference:
Ext.B3
Document Type:
Community Guidelines of YouTube
Submitted By:
Defendant
Relevance:
This document outlines community standards and regulations for content on YouTube.
Reference:
Ext.B4
Document Type:
Help Centre webpage
Submitted By:
Defendant
Relevance:
This document provides information on how users can report content on YouTube.
Reference:
Ext.B5
Document Type:
Accounts Help Centre webpage
Submitted By:
Defendant
Relevance:
This document assists users with their Google Accounts related issues.
Reference:
Ext.B6
Document Type:
Help Centre webpage for removing content
Submitted By:
Defendant
Relevance:
This document details the criteria for removing content on YouTube.
Reference:
Ext.B7
Document Type:
Policy guidance on deceased user’s account
Submitted By:
Defendant
Relevance:
This document outlines the procedures for managing accounts of deceased users on YouTube.
Reference:
Ext.B8