TV Today Network Today (May 21st), approached the Delhi High Court against US-based celebrity news agency Backgrid USA, whose copyright strikes had led to the suspension of the instagram page belonging to TV Today-owned Harper’s Bazaar India.
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NEW DELHI: TV Today Network today approached the Delhi High Court against the US-based celebrity news agency Backgrid USA, whose copyright strikes led to the suspension of the Instagram page of TV Today-owned Harper’s Bazaar India.
The case involves three copyright strikes made by Backgrid against Harper’s Bazaar India for allegedly using fifteen Halloween pictures without authorization.
Following these strikes, the Harper’s Bazaar India Instagram page was suspended, prompting TV Today to initially file a plea against Meta, the parent company of Instagram, before the High Court. The High Court directed TV Today to approach the Grievance Appellate Committee (GAC) constituted under the Information Technology Rules for relief. However, the GAC upheld Meta’s decision to suspend the Instagram page.
TV Today has now filed a case against Backgrid in the Delhi High Court, which came up for hearing before Justice Anish Dayal on Tuesday. Advocate Hrishikesh Baruah, representing TV Today, sought the restoration of Harper’s Bazaar India’s Instagram account.
The Court was informed that Harper’s Bazaar had sourced the fifteen photographs from fan pages and subsequently posted them on their platform, which led to Backgrid issuing a copyright strike and the subsequent suspension of the page.
Baruah argued that the use of the photographs falls under fair use, and noted that Backgrid was demanding nearly USD 2,000 per picture to revoke their strikes, even though they typically charge much less for regular use.
Advocate Tejas Karia, appearing for Meta (Instagram), informed the Court about TV Today’s earlier writ petition against Meta, which also challenges the Information Technology Rules regarding account suspensions. This petition is currently pending before a Division Bench headed by Acting Chief Justice Manmohan. Karia noted that the Division Bench had instructed TV Today to challenge the suspension before the GAC, which later upheld Meta’s decision.
Justice Dayal scheduled the matter for further hearing tomorrow.
Previously, Meta had informed the Division Bench that Harper’s Bazaar India’s Instagram page was blocked in compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules), following three copyright strikes. Meta stated that the account was blocked after Harper’s Bazaar India failed to respond to emails regarding the copyright strikes.
This submission was made in response to TV Today’s writ plea, which also challenged Rule 3(1)(c) of the IT Rules. TV Today contended that this rule allows an intermediary to block access to accounts without giving users a fair opportunity to contest such decisions. After hearing the arguments, the Division Bench on May 1 directed TV Today to present its case before the GAC, which was ordered to decide on the matter within a week.
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