The Delhi High Court is reviewing the legality of copyright strike procedures used by social media platforms like Instagram, YouTube, and Amazon. This follows a case where a content creator's Instagram account was suspended due to copyright strikes, despite Meta restoring the content. The court has posed a key question on whether current suspension and takedown mechanisms align with established legal principles from previous rulings such as Shreya Singhal and Myspace Inc., according to medianama.com.
The case, Saurabh Maurya v. John Doe, involves a dispute over the mode and manner in which platforms handle copyright strikes. Platforms typically remove content and record strikes based on complaints from self-identified rights holders, with decisions made through a combination of automated systems and human moderators. The plaintiff challenged this process as illegal, prompting the court to scrutinize whether these procedures comply with due process and intermediary liability protections under Indian law, as detailed by medianama.com.
This legal examination is significant as it addresses the balance between protecting copyright holders and safeguarding user rights on digital platforms. The outcome could influence how intermediaries implement takedown and suspension policies, impacting millions of users and content creators. The case also highlights ongoing tensions in applying Section 79 of the IT Act and the safe harbour provisions, which shield platforms from liability if they follow due diligence, a topic explored extensively in the context of Indian internet regulation by medianama.com.
The court's decision will clarify the standards for content removal and account suspension based on copyright claims, potentially setting a precedent for platform accountability. The case is currently before the Intellectual Property Division Bench in Delhi, with further hearings scheduled to address these procedural and legal questions, as reported by medianama.com.