TV Today moves HC against US firm over copyright strikes against Insta page

TV Today Network Limited has again approached the Delhi High Court after it was denied relief by a panel – formed under the IT rules – over the suspension of the Harper’s Bazaar India Instagram page, Bar and Bench reported.

It had earlier approached the court against Meta, after the Harper’s Bazaar India Instagram page got three copyright strikes for allegedly using 15 Halloween pictures without authorisation. The court had asked it to approach the Grievance Appellate Committee, which upheld Meta’s decision. 

The media company on Tuesday moved court against the US-based celebrity news agency Backgrid USA, which had issued the copyright strikes, and the matter reportedly came up before Justice Anish Dayal.

Appearing for TV Today, advocate Hrishikesh Baruah said that he is seeking restoration of the Harper’s Bazaar India Instagram account, Bar and Bench reported. The court was told that Harper’s Bazaar had pulled out the photographs from fan pages. Baruah said that according to him, the use of the photographs falls under fair use but Backgrid was asking for nearly US$ 2,000 of each of the pictures to revoke their strikes, even though they charge much less for normal use, according to Bar and Bench.

According to the report, advocate Tejas Karia appeared for Meta and informed the court of TV Today's earlier writ petition against Meta, which also challenges the Information Technology Rules concerning suspension of accounts, and which is pending before a division bench headed by Acting Chief Justice Manmohan.

Karia told the court that the division bench had asked TV Today to go before the GAC.

Justice Dayal said that the matter will be heard tomorrow.

Meta had earlier told the division bench that the page was blocked to comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules) after copyright strikes. The US-based tech giant had said that the account was blocked after it failed to reply to Meta’s emails regarding copyright strikes.

TV Today had challenged Rule 3(1)(c) of the IT Rules, arguing that it allows an intermediary to block access to accounts without providing a fair opportunity for users to contest such a decision.