Delhi High Court Issues Summons In TV Today's Suit Against Backgrid USA, Meta Over Suspension Of Instagram Page

The Delhi High Court on Wednesday issued summons in the suit filed by media organization TV Today Network against global celebrity news agency Backgrid USA and Meta platforms over suspension of Instagram page for its magazine Harper's Bazaar India (bazaarindia) due to copyright strikes.

Justice Anish Dayal issued notice to the USA based company and Meta platforms and sought their responses to an application filed by TV Today seeking restoration of the Instagram handle.

The issue arose in relation to certain posts published by TV Today on the Instagram account which were photos of international celebrities in fashion outfits. After Backgrid USA made three copyright strikes over the photographs, Meta took down the Instagram account on March 15. TV Today claimed fair use of the photographs in question under Section 52 of the Copyright Act.

TV Today was advised by Meta platforms to negotiate a deal with Backgrid USA.

Advocate Hrishikesh Baruah appearing for TV Today submitted that steps were taken by the media organisation to communicate with the USA based company and attempt negotiation but Backgrid USA denied the same.

Last month, a division bench denied interim relief to TV Today in its plea challenging the constitutional validity of Rule 3(1)(c) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The division bench had asked the media organization to approach the grievance redressal officer of Meta platforms.

However, TV Today's petition was dismissed on March 27, April 17 and April 30. The appeals before the grievance appellate committee were also rejected.

Baruah stated that the appellate process was exhausted and claimed urgent relief on the ground that having taken down three posts with allegedly infringing content and taken steps to communicate with the copyright owner, there was no reason that the full instagram handle should be taken down.

Justice Dayal asked Meta's counsel, Advocate Tejas Karia, to consider the interim relief aspect, remaking that Instagram handles are important for any company.

Karia told court that Meta has a right to terminate the Instagram account under the IT Rules. He said that TV Today is aware of such a right which is why the media organisation filed a plea before the division bench challenging the constitutionality of the Rule in question.

“He knows, he is trying his luck and he is asking for the same relief he could not get from the division bench,” Karia said.

The matter will now be heard on July 09.

Title: TV Today Network Limited & Anr v Backgrid USA Inc & Ors.