Introduction:

The Punjab and Haryana High Court, in Maninderjeet Singh v. Facebook Meta Platform Inc. & Others, upheld the removal of a copyrighted song from a Facebook page after finding that the platform had acted in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Justice Jagmohan Bansal observed that Facebook removed only the infringing song after receiving a complaint from the copyright owner and that the petitioner failed to produce any evidence showing the removal was unlawful. While the petitioner argued that Rule 4(8) of the 2021 Rules required prior notice and an opportunity of hearing before content could be removed, the Court declined to decide that issue and left the question open for consideration in an appropriate case.

The petitioner, who operated a Facebook page named “Lok Awaz Punjabi,” approached the High Court under Articles 226 and 227 of the Constitution alleging that Meta had removed content without following the mandatory safeguards prescribed under Rule 4(8) of the IT Rules, 2021. The case raised important questions regarding the obligations of social media intermediaries when responding to copyright complaints and the extent of procedural safeguards available to content creators.

Arguments of the Parties:

The petitioner contended that Facebook had unlawfully removed content from his page on the basis of a private copyright complaint without providing him with prior notice or an opportunity to explain his position. It was argued that Rule 4(8) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 obligates significant social media intermediaries to follow principles of natural justice before removing user-generated content in response to private complaints. According to the petitioner, failure to comply with this requirement rendered the action arbitrary and violative of his legal rights.

Facebook Meta opposed the petition by submitting that the petitioner had uploaded a copyrighted song without obtaining permission from the copyright owner. Upon receiving a valid copyright infringement complaint, the platform was required to remove the infringing material to comply with applicable legal obligations. The respondent emphasized that only the specific song was removed, while the petitioner’s Facebook page remained fully operational. It further argued that the removal was consistent with the IT Rules, 2021 and that no illegality or arbitrariness could be attributed to its action.

The Union of India and the State also participated in the proceedings, while supporting the legal framework governing intermediary obligations under the IT Rules.

Court’s Judgment:

The High Court dismissed the challenge and held that Facebook had acted lawfully in removing the copyrighted song after receiving a complaint from the copyright owner. The Court noted that the petitioner had been informed of the reason for the removal and had failed to place any material before the Court to establish that the action was unjustified or contrary to law.

Justice Jagmohan Bansal observed that the removal was confined only to the allegedly infringing song and did not affect the petitioner’s Facebook page as a whole. Since the respondent acted upon a copyright complaint and followed the framework contemplated under the Information Technology Rules, 2021, there was no reason for the Court to interfere in the matter.

With regard to the petitioner’s reliance on Rule 4(8), the Court consciously refrained from deciding whether the provision requires a prior hearing before content is removed in every case involving private complaints. Instead, it left the issue open to be examined in an appropriate case where a detailed adjudication on the interpretation and scope of the Rule may be necessary.

Accordingly, the writ petition was disposed of with the finding that the removal of the copyrighted song was legally sustainable and that no violation warranting interference under Articles 226 and 227 of the Constitution had been established.