Delhi High Court To Hear TV Today's Defamation & Copyright Infringement Suit Against Newslaundry On Nov 16

The Delhi High Court will hear on November 16, the suit filed by TV Today Network, which owns news channels India Today and Aaj Tak, against news portal Newslaundry seeking damages of Rs. 2 crores for copyright infringement and defamation of its anchors, management and employees.

While listing the matter for preliminary hearing, Justice Asha Menon directed the plaintiff to file on Court record, video recordings relied by it subject to an advance copy to be given to the defendants.

The suit alleges that Newslaundry had uploaded various videos on its website including social media platforms, infringing TV Today Network's copyright. It is also alleged that the online news portal also made "unfair, untrue and disparaging defamatory remarks" about its anchors as well as the management.

The company has therefore sought permanent and mandatory injunction against Newslaundry, it's CEO Abhinandan Sekhri and others.

During the course of hearing, Senior Advocate Saurabh Kirpal appearing for Newslaundry questioned the maintainability of the suit.

He argued that the suit was filed as a commercial suit but since defamation has been alleged, it was not maintainable as a commercial suit and must be renumbered.

He also added that in case the suit is proceeded, various compliance issues will come his way and therefore requested the plaintiff to amend the suit and file another one suiting the maintainability of the plea.

On the other hand, Senior Advocate Rajiv Nayar appearing for plaintiff pressed on the interim application seeking ex-parte ad interim injunction in the matter.

According to Nayar, there were three issues in the matter concerning copyright Infringement, commercial disparagement and Defamation.

"Look at the three videos. This is our program being shown as it is. This is our anchors, our programs including Aaj Tak. What they do after that is a different aspect but this is our program being shown in a similar way," Nayar submitted.

The matter was however adjourned to November 16.

It has been alleged that the impugned acts of the Defendants caused defamation to TV Today Network , its news channels, anchors, employees and management and caused prejudice to their commercial reputation and goodwill.

"In these videos and articles, the Defendant Nos. I to 9 consistently denigrate, deprecate, ridicule and derogate the news broadcasts of the Plaintiff's news channels as well as the anchors who have hosted such news broadcasts. These false and defamatory statements published by the said Defendants have lowered the reputation of the Plaintiff in the eyes of the right-thinking members of the society," the suit reads.

Alleging that the Defendants were "piggy-backing" on the work of the plaintiff, the suit adds:

"The Defendants are using the original cinematograph films and sound recordings of the Plaintiff for the sole purpose of making their own programme more interesting, attractive or enjoyable and are therefore deriving benefit from using the said works at the cost of the Plaintiff's exclusive rights in the same and are therefore infringing upon the copyright of the Plaintiff in the said original cinematograph films and sound recordings."

According to the suit, the unpermitted and unlicensed use of the original cinematograph films and sound recordings of the Plaintiff company by the Defendants is not protected by sec. 52 of the Copyright Act, 1957.

"The said use of the original cinematograph films and sound recordings by the Defendant Nos. I to 9 does not constitute fair dealing as provided under the said provision," it states further.

Case Title: TV Today Network Pvt Ltd v. Newslaundry & ORS.