Distinct Legal Entities in Focus: The Google India Case

On July 9, 2025, the Karnataka High Court held that Google India Private Limited, being a distinct legal entity, could not be sued for any defamatory content posted, broadcast, or web-hosted by Google LLC and YouTube.[1]

The matter stems from a 2017 suit filed before the trial court by an individual seeking a permanent injunction against 21 defendants, including Google India. The plaintiff sought to restrain the defendants from posting and broadcasting photos and videos, and from making derogative statements across websites, channels, and newspapers.

Google India filed an application seeking to be struck off from the array of parties in the suit, arguing that there was no specific allegation of defamation against it nor was there any averment or material to substantiate that it had published, web-hosted, or broadcasted any defamatory content against the petitioner. This application was rejected in February 2019, which led Google India to file the present petition before the Karnataka High Court.

The observations of the High Court are summarised below:

• Absence of Specific Pleadings: The Court noted the absence of any specific pleading regarding defamatory content being published, web-hosted, or posted by Google India. Relying on the Supreme Court’s decision in J. Zakharia Sait v. T.M. Mohammed & Others, (1990) 3 SCC 396, it reiterated that in an action for defamation, the pleading must clearly state the contents of defamatory statements, who published it, and where. In this case, no such specific pleading was made against Google India.

• Distinct Legal Entity: The Court reaffirmed that Google India, incorporated under provisions of the Companies Act, 1956, was a distinct legal entity, as indicated in the Google terms of service, and could not be sued for any posting, broadcasting, or web-hosting by Google LLC and YouTube.

In view of the above, the High Court ordered that Google India be removed from the array of parties in the original suit. Following this, on July 25, 2025, the trial court issued directions to ensure necessary correction in the plaint.

[1] Google India Private Limited v. Nayana Krishna [WP No.22125/2019 (GM-CPC)].