In an affidavit filed before the High Court, the American technology company argued that any direction requiring social media platforms to prevent the recurrence or re-upload of such recordings would be legally untenable and impossible to implement.

Google submitted that recordings of court proceedings are created outside its platform and that it has no way of determining whether a video contains footage from court proceedings, whether the recording was authorised, or whether it violates any law. It added that the rules governing recording of court proceedings vary across jurisdictions in India, making such assessments even more difficult.

"In such circumstances, it is not possible for the answering respondent [Google] to proactively monitor its platform and 'prevent the recurrence of such unauthorised recordings and their subsequent dissemination', as is prayed for," the affidavit states.

The company further contended that its legal obligation is limited to removing videos that have been specifically identified through their URLs after a competent court has held them to be unlawful.

It said it cannot be expected to sift through the millions of videos uploaded to YouTube or independently determine whether any of them contain unauthorised recordings of court proceedings.

"Further, apart from the specifically identified videos on YouTube, the Answering Respondent cannot sift through the millions of videos on its platform and/or monitor its platform to determine if there are other videos which pertain to unauthorised recordings of court proceedings and are in violation of applicable law," Google stated.

The company also argued that Indian law does not require intermediaries to actively monitor user-generated content or perform an adjudicatory role in deciding the legality of third-party material.

According to the affidavit, intermediaries cannot be expected to determine which takedown requests are legitimate, and questions regarding the legality of content must be decided by a competent court.

The affidavit was filed in response to a petition by advocate Vaibhav Singh seeking action against individuals who uploaded videos showing former Delhi Chief Minister Arvind Kejriwal addressing the court of Justice Swarana Kanta Sharma in person. Kejriwal had appeared before the judge while seeking her recusal from hearing matters related to the Delhi excise policy case.

Following that hearing, videos of the courtroom proceedings were widely circulated on social media.

Singh's petition also seeks directions to social media platforms to prevent unauthorised recordings of court proceedings from being uploaded and shared online.

In April, the Delhi High Court had expressed concern over the issue, observing that unauthorised recordings of court proceedings affect the larger institutional interests of the judiciary and should be effectively controlled.

Google, however, informed the Court that all the videos specifically identified by the petitioner have already been removed or blocked from access in India.