'You Are Far Worse Than A Govt Department, Get Your House In Order': Delhi High Court Pulls Up Meta In TV Today's Plea

The Delhi High Court on Tuesday expressed displeasure with Meta for taking TV Today Network “in circles” and not deciding its complaint over suspension of its Instagram account created for its magazine Harper's Bazaar India (bazaarindia).

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora asked Meta to get its house in order and remarked that the social media platform is “far worse than a government department.”

In the pre lunch session, the court asked TV Today's counsel, Advocate Hrishikesh Baruah, to fill the form available on Instagram's grievance redressal hyperlink, in the presence of Meta's counsel, Advocate Tejas Karia.

The bench remarked that Meta should make the form simpler and once any complaint is registered, it must be directed to the concerned authority without going anywhere else.

In the post lunch session, Baruah informed court that the form was filled but Meta again rejected the complaint.

The bench then expressed displeasure with Meta and said that if the complaint is not decided, the court will make prima facie observation that the social media platform was taking TV Today's counsel in circles.

“Now you cannot be stubborn with us. Follow what we are saying. You're not able to understand what we are saying…We have been more than liberal with you. We have given you enough time to set your house in order…You may be having billions of users but your house is not in order,” the court told Karia.

The bench asked Karia to ensure that the appeal or complaint made by TV today is entertained and decided appropriately.

“Your system is not working. We will pass an order and castigate you then…don't do this…. Please understand, the Rule will become invalid if the system won't work,” the court said.

Karia informed court that the email shown by TV Today is not a decision to reject the complaint but an automatic reply.

“This is a wrong no reply. You're far worse than a government department. You are asking for castigation, you'll get it. It is not easy to go along with this. You've to be alive to the situation,” the court told Karia.

The court then listed the matter for tomorrow and asked Meta to issue an email to TV Today stating that its complaint has been received and will be decided.

The bench was dealing with a plea moved by TV Today Network, which owns India Today and Aaj Tak news channels, challenging the constitutional validity of Rule 3(1)(c) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Rule 3(1)(c) states “an intermediary shall periodically inform its users, at least once every year, that in case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of such intermediary, it has the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be.”

It is TV Today's case that the impugned action has been undertaken without following any safeguards as provided for the takedown under Rule 4(8) of unlawful or infringing content specifically identified to be unlawful or infringing under Rule 3(1)(b) of the IT Rules.

TV Today is aggrieved by the suspension of its Instagram account based on third-party copyright complaints.

Recently, TV had told court that it would file an appeal before the Grievance Appellate Committee provided for under the IT Rules.

Accordingly, the bench had ordered that if such an appeal is filed, the Grievance Appellate Committee will decide the same as expeditiously as possible, preferably, within two weeks.

Title: T.V. TODAY NETWORK LIMITED AND ANR. v. UNION OF INDIA AND ORS.