Provide Details Of Grievance Officers And Rules Applicable To People Creating User Profiles: Delhi High Court To LinkedIn In Suit By Tata Sky
The Delhi High Court has directed social media platform LinkedIn to provide details of its Grievance Officers and the relevant Rules applicable to persons creating user profiles as per its policy. Justice Prathiba M Singh also directed Linkedin to place on record the Standard Operating Procedure (SoP), if any, followed by its Grievance Officers whenever a complaint or grievance is received...
The Delhi High Court has directed social media platform LinkedIn to provide details of its Grievance Officers and the relevant Rules applicable to persons creating user profiles as per its policy.
Justice Prathiba M Singh also directed Linkedin to place on record the Standard Operating Procedure (SoP), if any, followed by its Grievance Officers whenever a complaint or grievance is received under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The court was hearing a suit filed by Tata Play Limited in 2020 seeking a decree of permanent injunction restraining LinkedIn from allowing any user on its platform from using the trademark “TATA SKY.”
Tata Sky also sued 37 individuals as defendants in the suit who, not being official retail sellers of its product, had allegedly portrayed themselves as its retailers on their LinkedIn profiles.
It was Tata Sky’s case that the individuals, not being its employees, had created profiles on LinkedIn and were falsely indicating themselves to be its employees.
It was also submitted that certain defendants were unlawfully using the name “TATA SKY” in their profile descriptions on the social media platform without any authorization, license or permission.
On April 26, the court had ordered that Tata Sky would be free to approach the Grievance Officer of LinkedIn and to also give a list of all fake profiles so that the appropriate action may be taken. Thereafter, Tata Sky took a stand that a dynamic injunction ought to be granted in the matter.
Observing that the proliferation of various fake profiles would make it extremely difficult for Tata Sky to approach court on every occasion, the court directed:
“If the Plaintiff has any outstanding issue or suggestions in respect of manner in which the grievances are addressed by the Defendant No. 1-Linkedin, the Plaintiff may also place its own note on record.”
Justice Singh also clarified that the details of the Grievance Officers in terms of 2021 Rules, including the physical and email address, shall be published openly for the public access on the website of Linkedin.
The matter will now be heard on November 28.
Title: TATA SKY LIMITED v. LINKEDIN CORPORATION AND ORS.
Citation: 2023 LiveLaw (Del) 577