Cannot blame Alexa for loud music, says HC, fines hotelier

Dexter Savio de Souza, the hotelier, claimed a notice issued to him was misconceived as he did not violate the noise norms as the music was being played through Alexa

The Bombay High Court at Goa has rejected a hotelier’s attempt to pass on the blame for playing loud music to guests and virtual assistant technology Amazon Alexa and fined him ₹10,000 for seeking quashing of a show-cause notice issued to him for violating sound pollution norms.

De Souza claimed no loudspeaker was used and the guests were playing music through Alexa. (Getty Images/iStockphoto)

Dexter Savio de Souza, the petitioner, claimed the notice was misconceived as he did not violate the norms and that the music was being played through Alexa.

A bench of justices M S Sonak and R N Laddha on Monday said the defence about Alexa or a guest playing the music is a novel and the authority that has issued the notice will deal with it. “...prima facie we feel that the petitioner cannot pass on the blame on its guests and even more to Alexa. If such defences are to be upheld, then, it will be very difficult for the Authorities to enforce the noise pollution rules.”

The bench said monitoring noise pollution is quite difficult. “There are records about several complaints against the petitioner. There are decisions of the Supreme Court as well as this Court on the issue of enforcement of the Noise Pollution Rules of 2000. The implementation of such rules cannot be frustrated by raising such prima facie frivolous defences. In any case, the show-cause notices cannot be said to be in excess of jurisdiction to warrant interference at this stage.”

De Souza said he has filed a reply to the notice saying no loudspeaker was used and the guests were playing the music through Alexa.