Today(on 1st May),Meta Platforms informed Delhi High Court of complying with IT Rules by blocking Harper’s Bazaar India’s Instagram page after three copyright strikes. TV Today’s challenge allegedly omitted vital details.
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DELHI: Today(on 1st May), Meta Platforms revealed to the Delhi High Court that it had blocked the Instagram page of Harper’s Bazaar India, owned by TV Today, in compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules). The action was taken after the account received three copyright strikes. Meta Platforms also argued that TV Today had concealed important facts while challenging the decision to block the @bazaarindia Instagram page.
Representing Meta Platforms, Advocate Tejas Karia presented the company’s stance before a Bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora. Karia explained that Harper’s Bazaar India’s account was initially not blocked after the first copyright strike. Instead, the offending links were removed.
However, the account was eventually deleted in March when the account holders failed to respond to Meta’s emails regarding copyright strikes.
Karia stated-
“We notified them of multiple reports on their account, including copyright infringement strikes, but received no response for four months.”
Furthermore, Karia argued that TV Today was misusing the jurisdiction of the Court by seeking the restoration of its Instagram page under the pretext of challenging Rule 3 (1) (c) of the IT Rules. He asserted that TV Today should have pursued a civil suit against the entities that alleged copyright violations instead.
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TV Today’s plea not only sought the reinstatement of the @bazaarindia Instagram page but also challenged the constitutionality of Rule 3 (1) (c) of the IT Rules. The company contended that the rule permits an intermediary to block access to accounts without providing users a fair opportunity to contest such decisions.
During the previous hearing, the Court expressed dissatisfaction with Meta Platforms, likening its functioning to that of a government department. The Court criticized the tech giant for its failure to adequately respond to grievance queries raised by TV Today.
Meta Platforms, however, maintained that it was merely complying with the IT Rules, which oblige social media intermediaries to address copyright infringement issues.
Karia stated-
“I am adhering to the Rules, hence seeking protection from the Court. The dispute lies between A and B; I merely serve as a platform. My plea is for them to resolve their issues. Upon resolution, their page will be reinstated. We have demonstrated complete transparency throughout.”
In a significant update, Meta Platforms informed the Court that it had issued an order on Tuesday and submitted a reply to the Grievance Appellate Committee (GAC) established under the IT Rules. TV Today’s appeal against the blocking of its page is currently pending before the GAC.
Taking all the submissions into account, the Court directed TV Today to present its case before the GAC, which has been instructed to make a decision within a week.
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Meanwhile, Karia requested that the Court’s critical remarks made during the previous hearing not be included in the Court’s order. He expressed concerns that such remarks would have repercussions on other cases involving Meta Platforms. The Court agreed to the request.
The Court set TV Today’s challenge to IT Rules for hearing on August 14.
