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Delhi High Court to Scrutinize Google’s Advertising Terms Limiting Advertiser Arbitration in India

Delhi High Court to Scrutinize Google's Advertising Terms Limiting Advertiser Arbitration in India - The Hard News Daily
Delhi High Court – The Hard News Daily

According to news agency IANS on Friday, the Delhi High Court announced that it will investigate whether the conditions of Google’s advertising program unjustly restrict advertisers’ capacity to seek legal action or select arbitration within India.

Judge Pratibha M. Singh oversaw a petition brought by Startupwala Private Limited against Google India Private Limited during the proceedings. The petition disputed the terms under which Google could reject or designate as “Limited” their digital ads.

Under Section 9 of the Arbitration and Conciliation Act, 1996, Startupwala has filed a lawsuit to compel Google India to reinstate all of the business’s digital ads that were rejected or marked as “Limited” between December 2023 and January 2024.

According to the IANS report, the action also attempts to prevent Google from rejecting any further advertising that fall under the same category.

The main point of contention is that Startupwala’s ads were turned down by Google because of their “Government Documents and Official Services” policy.

Clause 13 of the Advertisement Terms, which calls for arbitration in Santa Clara County, California, USA, is being contested by Startupwala. The report went on to say that they contend that this clause essentially precludes them from pursuing legal action in India.

The order that Justice Singh issued to the tech giant requires a thorough evaluation of whether or not a clause of this kind actually prevents Indian firms, like Startupwala, from pursuing their legal rights or requires arbitration to occur in India.

Google has been given two weeks to respond. Ads that are presently marked as “Eligible (limited)” and are not blocked must not be changed or withdrawn during this time.

According to the court’s order, these advertising’ content must not change until the following hearing.

“The Respondent has not yet submitted a reply, and there are no reasons on record explaining why any of these advertisements were disapproved or marked as ‘Eligible (limited)’,” the judge stated.

“Therefore, considering the potential irreparable harm to the petitioner and its business, the court directs that those advertisements currently not blocked and labeled as ‘Eligible (limited)’… shall remain unblocked or removed until the next scheduled hearing,” it added.

(The headline and the story has not been edited by THND staff and is published from a syndicated feed.)

References :

  1. https://news.abplive.com/technology/delhi-high-court-examine-terms-google-advertising-bars-advertisers-arbitration-india-1675825#:~:text=The%20Delhi%20High%20Court%20has,agency%20IANS%20reported%20on%20Friday.
  2. https://www.barandbench.com/news/delhi-high-court-examine-whether-terms-google-ads-bar-advertisers-arbitration-india
  3. https://lawbeat.in/news-updates/delhi-hc-consider-if-google-advertising-program-bars-people-availing-legal-remedies-india
  4. https://www.moneylife.in/article/delhi-hc-to-examine-googles-advertising-terms-for-legal-remedies-in-india/73817.html
  5. https://government.economictimes.indiatimes.com/news/policy/delhi-hc-to-examine-googles-advertising-terms-for-legal-remedies-in-india/108874073

 

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