REC Campus sues YouTube and clandestine channel for defamation

REC Campus (AKA Russian Education Centre), a Colombo-based foreign educational pathway provider in Sri Lanka, has instituted legal action in the District Court of Colombo against YouTube LLC, a California-based social media network offering a popular video sharing platform, over publication of allegedly defamatory videos, affecting the business reputation of REC Campus.

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, according to the plaintiff’s complaint to court.

As per the complaint filed in court, the allegedly defamatory video states that the plaintiff, REC Campus is a cheat who cheats the students’ money, and these defamatory statements brought the plaintiff to ridicule and/or hatred and contempt in the eyes of public. REC Campus has also brought in as defendants, one Keerthi Dunuwila who is an alleged presenter of the video in Colombo Today YouTube channel. 

“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. In this case, the Plaintiff claims that 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 an address of the uploader, YouTube failed to comply,” the complaint said.

When the matter was taken up in District Court of Colombo on Friday September 17, Additional District Judge Ms. K. K. Liyanage granted an enjoining order against Keerthi Dunuwila of Colombo Today and YouTube LLC, from continuing to publish the allegedly defamatory video. The plaintiff was represented in court by Counsel Manoj Bandara and Ms. Nayomi Chethana instructed by Sudath Perera Associates.

The plaintiff claimed before court, that YouTube, which is a business entity operating from USA cannot arrogate upon themselves any right to determine the ‘merits’ of a complaint of defamation which is governed by laws of another sovereign nation. The plaintiff also alleged that YouTube acted with impunity when it responded by saying that YouTube ‘may consider’ complying with a court order.