Introduction:

The Delhi High Court recently issued notice on a plea by TV Today Network challenging the constitutional validity of Rule 3(1)(c) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The rule pertains to intermediaries’ rights to terminate access or usage rights of users for non-compliance. TV Today Network, which owns India Today and Aaj Tak news channels, contends that the suspension of its Instagram account violates its constitutional rights under Articles 14 and 19.

Arguments of Both Sides:

TV Today’s counsel argued that the suspension of their Instagram account, based on third-party copyright complaints, infringes upon their rights under Articles 14 and 19 of the Constitution. They claim that the majority of their content is genuine, and the flagged content constitutes “fair use” under Section 52 of the Copyright Act. However, the court emphasized the need for Instagram’s presence before passing any orders. The respondents, represented by Mr. Kirtiman Singh, accepted notice on behalf of the Union of India and stated that the matter will be further deliberated.

Court’s Judgment:

The Delhi High Court issued notice on TV Today Network’s plea and directed them to file an appeal before the Grievance Appellate Committee under the IT Rules. The committee is tasked with deciding such appeals expeditiously, preferably within two weeks. The court refrained from passing any immediate orders until Instagram’s representation. The matter is scheduled for further hearing on May 17, 2024.