Intermediary Not Required To Take Action Against Alleged Infringers On User’s Complaint Under Rule 3 Of IT Rules 2021: Delhi High Court
2 years ago

Intermediary Not Required To Take Action Against Alleged Infringers On User’s Complaint Under Rule 3 Of IT Rules 2021: Delhi High Court

Live Law  

The Delhi High Court has observed that an intermediary is not required to take action against alleged infringers on receiving a complaint of the user regarding the infringing acts on the portal under Rule 3 of Information Technology Rules, 2021. Furthermore, Justice Shankar also compared Rule 3 of the 2021 Rules with Rule 3 of the 2011 Rules which required an intermediary to act on a user’s complaint within 36 hours and work with the user to “disable such information” which contravenes the provisions. Where the rule makers deemed it appropriate not to incorporate a provision in the 2021 Rules parallel to Rule 3 of the 2011 Rules, it would be inappropriate for this Court, by judicial order, to incorporate such a provision or requirement in the 2021 Rules.” The counsel for the plaintiff also referred to Flipkart’s infringement policy which permits a person, who alleges that its intellectual property rights are violated by uploaded content, to register a complaint and envisages the removal on the infringement being brought to its notice. “Where the applicable statutory rules do not envisage action being taken by a intermediary merely on a complaint being made by an aggrieved victim or user regarding infringement of intellectual property rights, by content posted on the platform of the intermediary, the court cannot, by placing reliance on an internal policy of a particular intermediary, read into Clause 3 any such requirement, especially where such a provision existed in Information Technology Rules 2011 and has consciously been omitted in the 2021 Rules,” the court said.

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History of this topic

Delhi high court summons OpenAI in ANI’s copyright infringement plea
4 months ago

Delhi high court summons OpenAI in ANI’s copyright infringement plea

Live Mint  

New Delhi: The Delhi high court on Tuesday issued summons to US-based OpenAI, the company behind ChatGPT, in response to a copyright infringement plea filed by news agency ANI. In the first-ever lawsuit against OpenAI in India, ANI claimed that ChatGPT falsely attributed political news to the agency, which could lead to the spread of fake news and potentially cause …

ChatGPT sued for copyright infringement, OpenAI gets Delhi High Court's summons
4 months ago

ChatGPT sued for copyright infringement, OpenAI gets Delhi High Court's summons

India Today  

The Delhi High Court has taken up the first-ever lawsuit in India against OpenAI after news agency ANI alleged copyright infringement by its AI tool, ChatGPT. However, Justice Amit Bansal declined to issue an interim injunction, stating, “It’s a complex matter which requires deeper examination.” Advocate Sidhant Kumar, representing ANI, argued that OpenAI had used the agency’s copyrighted material to …

'False Depiction Of Facts': Delhi HC Orders Removal Of Social Media Posts By Cong Leaders Against Journalist Rajat Sharma
9 months, 1 week ago

'False Depiction Of Facts': Delhi HC Orders Removal Of Social Media Posts By Cong Leaders Against Journalist Rajat Sharma

ABP News  

The Delhi High Court has ordered removal of social media posts by Congress leaders Jairam Ramesh, Pawan Khera and Ragini Nayak alleging that veteran journalist Rajat Sharma used "abusive language" during his show on the Lok Sabha election result day. The court said an irreparable loss and injury would be caused to the plaintiff's reputation if the videos and posts …

Delhi High Court Restrains Rogue Websites From Unauthorisedly Streaming ICC Men's T20 World Cup 2024
9 months, 1 week ago

Delhi High Court Restrains Rogue Websites From Unauthorisedly Streaming ICC Men's T20 World Cup 2024

Live Law  

The Delhi High Court recently restrained various rogue websites from unauthorisedly and illegally streaming the ongoing ICC Men's T20 World Cup 2024.Justice Sanjeev Narula observed that the plaintiff, Star India Private Limited, made out a prima facie case for the grant of an interim injunction. The Delhi High Court recently restrained various rogue websites from unauthorisedly and illegally streaming the …

Ernakulam District Commission Holds Flipkart Liable For Non-disclosure Of Seller Information As Mandated By E-Commerce Rules 2020
11 months ago

Ernakulam District Commission Holds Flipkart Liable For Non-disclosure Of Seller Information As Mandated By E-Commerce Rules 2020

Live Law  

The District Consumer Disputes Redressal Commission, Ernakulam bench comprising D.B. V and Mrs. Sreevidhia T.N held Flipkart liable for failure to disclose seller information, as mandated under Rule 5 of the Consumer Protection Rules, 2020. Consequently, feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission, Ernakulam, Kerala and filed a consumer complaint against Flipkart and Zest Money. Observations …

IT Rules: Delhi High Court Issues Notice On TV Today's Plea Challenging Rule 3(1)(c) Which Empowers Intermediaries To Block User Accounts
11 months, 2 weeks ago

IT Rules: Delhi High Court Issues Notice On TV Today's Plea Challenging Rule 3(1)(c) Which Empowers Intermediaries To Block User Accounts

Live Law  

The Delhi High Court yesterday issued notice on a plea moved by media organization TV Today Network which owns India Today and Aaj Tak news channels, challenging the constitutional validity of Rule 3 of the Information Technology Rules, 2021.Rule 3 states “an intermediary shall periodically inform its users, at least once. The Delhi High Court yesterday issued notice on a …

Made Mistake by Retweeting Video: Delhi CM Kejriwal Tells SC in Defamation Case
1 year ago

Made Mistake by Retweeting Video: Delhi CM Kejriwal Tells SC in Defamation Case

News 18  

Delhi Chief Minister Arvind Kejriwal on Monday told the Supreme Court that he made a mistake by retweeting an allegedly defamatory video circulated by YouTuber Dhruv Rathee related to the BJP IT Cell. A bench of justices Sanjiv Khanna and Dipankar Datta, without issuing notice on a plea of Kejriwal challenging a Delhi High Court order which upheld summons issued …

Retweeting Defamatory Content Amounts To Defamation: Delhi High Court Refuses To Quash Summons Against Arvind Kejriwal
1 year, 1 month ago

Retweeting Defamatory Content Amounts To Defamation: Delhi High Court Refuses To Quash Summons Against Arvind Kejriwal

Live Law  

The Delhi High Court on Monday refused to quash the summons issued against Delhi Chief Minister Arvind Kejriwal in a criminal defamation case for retweeting an allegedly defamatory video posted by YouTuber Dhruv Rathee in 2018. Justice Swarana Kanta Sharma held that retweeting defamatory content will attract the offence of defamation under Section 499 of the Indian Penal Code, 1860. …

Amended IT rules offer remedy to victims of fake news: Centre to HC
1 year, 5 months ago

Amended IT rules offer remedy to victims of fake news: Centre to HC

Hindustan Times  

Solicitor general Tushar Mehta on Wednesday told the Bombay high court that the recent amendment to the information technology rules offered a grievance redressal mechanism to the victims of fake news, and false or misleading information on social media platforms. Section 79 of the Information Technology Act grants conditional immunity to the intermediaries and as such they cannot be proceeded …

Intermediaries Liable For Defective Products, North-East Delhi Commission Orders Flipkart And Lenovo To Refund Phone Cost, Pay 15k For Mental Agony And 5k For Litigation Costs
1 year, 6 months ago

Intermediaries Liable For Defective Products, North-East Delhi Commission Orders Flipkart And Lenovo To Refund Phone Cost, Pay 15k For Mental Agony And 5k For Litigation Costs

Live Law  

Recently, the North-East Delhi District Consumer Disputes Redressal Commission bench comprising Surinder Kumar Sharma and Anil Kumar Bamba noted that intermediaries like Flipkart and Amazon held a certain responsibility in ensuring product quality within their platform. Vs. Gopal Krishan, First Appeal No.27 of 2017 where the National Consumer Dispute Redressal Commission held that online platforms like Amazon, even if serving …

Delhi High Court Restrains Over 100 Rogue Websites From Streaming Sony's 'Spider-Man: Across The Spider-Verse'
1 year, 9 months ago

Delhi High Court Restrains Over 100 Rogue Websites From Streaming Sony's 'Spider-Man: Across The Spider-Verse'

Live Law  

In an interim relief to Sony Pictures Animation Inc, the Delhi High Court has restrained several rogue websites from posting and streaming the upcoming film “Spider-Man: Across The Spider-Verse” and “Spider-Man: Into The Spider-Verse”. "Defendants 1 to 101, as well as all others acting on their behalf, are restrained from posting, streaming, reproducing, distributing or making available to the public, …

Portal opened for complaints against decisions of social media platforms
2 years ago

Portal opened for complaints against decisions of social media platforms

The Hindu  

The Ministry of Electronics and Information Technology on February 28 launched the Grievance Appellate Committee portal under the IT Rules, 2021, allowing people who are dissatisfied with complaints to social media companies on content takedown requests, to be heard by one of three Committees constituted by the government. The Information Technology Rules, 2021 were amended last year to require social …

Delhi High Court Orders Centre To Block Websites Accused Of Defrauding People On Pretext of Recruitments At Croma
2 years, 3 months ago

Delhi High Court Orders Centre To Block Websites Accused Of Defrauding People On Pretext of Recruitments At Croma

Live Law  

The Delhi High Court on Monday ordered suspension of infringing websites accused of defrauding people by taking money under the pretext of recruiting them at Tata-owned Croma, the electronics retail store chain.Seeking registration details, including contact information, payment details and any other information related to identity of registrants of impugned websites from the domain. The Delhi High Court on Monday …

'Large Pendency, Lack Of Uniform Method Of Prioritization': Delhi High Court Issues Directions For Expeditious Disposal Of Cases In Consumer Forums
2 years, 4 months ago

'Large Pendency, Lack Of Uniform Method Of Prioritization': Delhi High Court Issues Directions For Expeditious Disposal Of Cases In Consumer Forums

Live Law  

Taking note of the large pendency and lack of a uniform method for prioritisation of cases in the district consumer forums, the Delhi High Court has issued directions for ensuring expeditious disposal of the consumer mattersJustice Pratibha M Singh directed the Registrars of concerned district forums to start listing final matters, where evidence has been concluded, for hearing at 2:30 …

IT Rules 2021 : Supreme Court Lists Centre's Transfer Petitions & Connected Cases On May 9
2 years, 11 months ago

IT Rules 2021 : Supreme Court Lists Centre's Transfer Petitions & Connected Cases On May 9

Live Law  

The Supreme Court on Friday directed the listing of a batch of petitions related to the Information Technology Rules, 2021 on May 9.The matters include the transfer petition filed by the Central Government seeking to transfer to the Supreme Court the petitions filed in different High Courts challenging the IT Rules.When. The matters include the transfer petition filed by the …

Allahabad HC Grants Relief To Flipkart In A Case Over Sale Of Products In Violation Of Copyright Act
3 years ago

Allahabad HC Grants Relief To Flipkart In A Case Over Sale Of Products In Violation Of Copyright Act

Live Law  

In relief to Flipkart Internet Private Limited and its officials, the Allahabad High Court issued an order to stay any coercive against the company officials till the next date of hearing in a case related to the sale of counterfeit products on the company's website. The bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar also issued notices to …

IT Rules 2021: Madras High Court Restrains Coercive Action Against Digital Media Platforms Under IBDF
3 years, 3 months ago

IT Rules 2021: Madras High Court Restrains Coercive Action Against Digital Media Platforms Under IBDF

Live Law  

The Madras High Court has restrained the Central Government from taking any coercive action under the IT Rules 2021, against digital media platforms that are members of the Indian Broadcasting and Digital Foundation, including Sun TV Network. The development comes in a writ petition preferred by the Foundation challenging the Code of Ethics in relation to digital media platforms under …

Bombay High Court's Stay On Enforcement Of IT Rules 'Code Of Ethics' Against Digital Media To Have Pan-India Effect: Madras High Court [Read Order]
3 years, 6 months ago

Bombay High Court's Stay On Enforcement Of IT Rules 'Code Of Ethics' Against Digital Media To Have Pan-India Effect: Madras High Court [Read Order]

Live Law  

The Madras High Court on Thursday observed that the Bombay High Court's order dated August 14, 2021 staying the operation of sub-rules and of Rule 9 of the recently notified Information Technology Rules, 2021 ought to have a pan-India effect. During the hearing on Thursday, Additional Solicitor General R. Sankaranarayanan on behalf of the Union pointed out to the Court …

Delhi High Court Issues Notice On Fresh Plea Challenging IT Rules
3 years, 8 months ago

Delhi High Court Issues Notice On Fresh Plea Challenging IT Rules

Live Law  

The Delhi High Court on Thursday issued notice on a fresh plea challenging the vires of Information Technology Rules, 2021.A division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh sought response of Ministry of Electronics and Information Technology. The Delhi High Court on Thursday issued notice on a fresh plea challenging the vires of Information Technology Rules, …

IT Rules: Delhi HC Refuses to Grant Interim Protection from Coercive Action to Digital Media Portals
3 years, 8 months ago

IT Rules: Delhi HC Refuses to Grant Interim Protection from Coercive Action to Digital Media Portals

News 18  

The Delhi High Court on Wednesday refused to grant protection from coercive action to digital media portals as it adjourned their challenge to the new IT Rules after being informed that a plea has been moved by the Centre to transfer them to the Supreme Court. Senior Advocate Nitya Ramakrishnan, appearing for the portals, urged the court to pass an …

Centre Moves SC Seeking Transfer of Pleas Pending in HCs Challenging Validity of New IT Rules
3 years, 8 months ago

Centre Moves SC Seeking Transfer of Pleas Pending in HCs Challenging Validity of New IT Rules

News 18  

The Centre on Tuesday moved the Supreme Court seeking transfer of pleas pending in different high courts across the country challenging the validity of new IT Rules to the apex court for an authoritative pronouncement on the issue. Several petitions challenging the new Information Technology Rules, 2021, are pending adjudication in different high courts, including the Delhi High Court. The …

Delhi HC refuses to stay new IT rules regulating digital news media
3 years, 8 months ago

Delhi HC refuses to stay new IT rules regulating digital news media

India TV News  

The Delhi High Court Monday refused to stay the new Information Technology rules which seek to regulate digital news media, saying it was not in agreement with the petitioners on passing such an order at this stage. Foundation for Independent Journalism, The Wire, Quint Digital Media Ltd and Pravda Media Foundation, parent company of Alt News, sought a stay on …

IT Rules- Delhi High Court Refuses To Stay Centre's Notice To Digital News Portals, Re-notifies For Roster Bench
3 years, 8 months ago

IT Rules- Delhi High Court Refuses To Stay Centre's Notice To Digital News Portals, Re-notifies For Roster Bench

Live Law  

A vacation division bench of the Delhi High Court of Justices C Hari Shankar and Subramonium Prasad said it was prima facie not inclined to grant any interim relief on applications by The Quint and The Wire for action against them for non-compliance with the Information Technology Rules, 2021. The court said that as the matter is pending before the …

No relief to digital news portals as Delhi HC refuses to stay new IT Rules
3 years, 8 months ago

No relief to digital news portals as Delhi HC refuses to stay new IT Rules

India Today  

The Delhi High Court on Monday declined to stay the Centre’s May 28 notice asking digital news portals to comply with the new IT Rules 2021, saying it was not inclined to grant any interim relief to the petitioners. WHY PETITIONERS CHALLENGED NEW IT RULES The petition by Quint Digital Media Ltd and its director and co-founder Ritu Kapur has …

Plea Filed In Delhi High Court Against Twitter For Non-Compliance With IT Rules, 2021
3 years, 9 months ago

Plea Filed In Delhi High Court Against Twitter For Non-Compliance With IT Rules, 2021

Live Law  

A plea has been moved in the Delhi High Court against the non-compliance by Twitter India and Twitter Inc with the Information Technology Rules, 2021.Filed by one Amit Acharya, a practicing advocate in the Delhi High Court and the Supreme Court of India, and a user of the platform, the petition states that Twitter is. Filed by one Amit Acharya, …

'Not Urgent' : Delhi High Court Adjourns Media Houses' Pleas Challenging IT Rules 2021 Till August
3 years, 9 months ago

'Not Urgent' : Delhi High Court Adjourns Media Houses' Pleas Challenging IT Rules 2021 Till August

Live Law  

The Delhi High Court bench of Chief Justice DN Patel and Justice Jyoti Singh on Thursday adjourned the hearing of the petitions filed by digital mediahouses 'The Quint' and The Wire' challenging the Information Technology Rules, 2021, to August 4 on grounds of non-urgency.Counsel for one of the individual petitioners in the batch. The Delhi High Court bench of Chief …

Delhi High Seeks Centre's Response on Plea Challenging New IT Rules
4 years ago

Delhi High Seeks Centre's Response on Plea Challenging New IT Rules

News 18  

The Delhi High Court on Tuesday sought the Centre's response on a plea challenging the new Information Technology Rules, 2021. A bench of Chief Justice D N Patel and Justice Jasmeet Singh issued notices to the Ministry of Electronics and Information Technology and the Ministry of Information and Technology, and granted them time to file their response. The high court …

Delhi HC seeks response from Centre on petition against new IT Rules
4 years ago

Delhi HC seeks response from Centre on petition against new IT Rules

The Hindu  

The Delhi High Court on Tuesday sought a response from the Centre on a petition challenging the new IT Rules, 2021, claiming it seeks to regulate online news portals by imposing government oversight and a vaguely worded ‘Code of Ethics’. The petition argued that the new IT Rules issued on February 25, 2021, were “palpably illegal” in seeking to control …

Delhi High Court seeks Centre's response on plea challenging new IT rules
4 years ago

Delhi High Court seeks Centre's response on plea challenging new IT rules

Firstpost  

The petition filed by the Foundation for Independent Journalism said the new IT rules are palpably illegal in seeking to control and regulate digital news media New Delhi: The Delhi High Court on Tuesday sought the Centre’s response on a plea challenging the new Information Technology Rules, 2021. A bench of Chief Justice DN Patel and Justice Jasmeet Singh issued …

What Is The Newly Notified Information Technology (Intermediary Guidelines And Digital Media Ethics Code) Rules, 2021.?
4 years ago

What Is The Newly Notified Information Technology (Intermediary Guidelines And Digital Media Ethics Code) Rules, 2021.?

Live Law  

The government on 25th February notified about the Information Technology Rules, 2021 at a press conference with the presence of Prakash Javedkar and Ravi Shankar Prasad which aims to regulate social media, digital media and OTT Platforms. Also, they borrowed most of the rules from an existing regulation controlling and governing the television media which includes the grievance redressal mechanism. …

NCLAT asks CCI to probe against Flipkart over allegations of unfair practices; says vendors' body successfully presented case
5 years ago

NCLAT asks CCI to probe against Flipkart over allegations of unfair practices; says vendors' body successfully presented case

Firstpost  

The AIOVA alleged abuse of market dominance against Flipkart India, which is into wholesale trading/distribution of books, mobiles, computers and related accessories, and e-commerce marketplace Flipkart Internet. New Delhi: The National Company Law Appellate Tribunal on Wednesday asked the fair trade regulator CCI to initiate again the probe against Flipkart for alleged use of its dominant position. “We set aside …

SC: Intermediaries like Google can't claim protection from defamation
5 years, 3 months ago

SC: Intermediaries like Google can't claim protection from defamation

The Quint  

New Delhi, Dec 10 The Supreme Court on Tuesday ruled that intermediaries like Google cannot claim any protection for publishing defamatory content online prior to the 2009 amendment to Section 79 of the Information Technology Act. The court verdict came on an appeal filed by Google India against the verdict given by the Andhra Pradesh High Court. The case before …

Plea For Curbing Media Reporting Of A Case Can Only Be Moved In The Court Where The Original Matter Is Pending: Delhi HC [Read Order]
5 years, 4 months ago

Plea For Curbing Media Reporting Of A Case Can Only Be Moved In The Court Where The Original Matter Is Pending: Delhi HC [Read Order]

Live Law  

Delhi High Court has held that application for curbing or postponing media reporting of a case can only be moved in the court which is hearing the case on merits, and not any other court. In the present case, the Petitioner had filed an application seeking court's direction to stop the defendant from giving information about her sexual harassment at …

Shashi Tharoor alleges Arnab Goswami 'stole' confidential documents in Sunanda Pushkar case; Delhi court orders FIR
6 years, 1 month ago

Shashi Tharoor alleges Arnab Goswami 'stole' confidential documents in Sunanda Pushkar case; Delhi court orders FIR

Firstpost  

A Delhi court has ordered registration of an FIR against news channel Republic TV and its editor Arnab Goswami on a complaint of Congress leader Shashi Tharoor alleging theft of confidential documents New Delhi: A Delhi court has ordered registration of an FIR against news channel Republic TV and its editor Arnab Goswami on a complaint of Congress leader Shashi …

Ecommerce Websites Not Obligated To Screen Products For IP Infringement Before Posting On Website: Delhi HC [Read Judgment]
8 years ago

Ecommerce Websites Not Obligated To Screen Products For IP Infringement Before Posting On Website: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently refused to direct eBay to screen products for infringement of Intellectual Property Rights, before posting the same on its website. “I am further of the view that had the intention of the Legislature been to require the intermediaries as the defendant no.2 eBay herein to be vigilant as the plaintiff reads the IT Act and …

Delhi government's circular regarding media and defamation stayed by Supreme Court
9 years, 10 months ago

Delhi government's circular regarding media and defamation stayed by Supreme Court

Live Law  

The Supreme Court today stayed the circular issued by Government of Delhi by which the government had said that the media organizations could be prosecuted for “criminal defamation” for “defamatory imputations” against the government.Interestingly, Arvind Kejriwal, before he had become the Chief Minister, had himself challenged the constitutionality of Sections 499 and 500 of the. The Supreme Court today stayed …

Delhi government's circular regarding media and defamation stayed by Supreme Court
9 years, 10 months ago

Delhi government's circular regarding media and defamation stayed by Supreme Court

Live Law  

The Supreme Court today stayed the circular issued by Government of Delhi by which the government had said that the media organizations could be prosecuted for “criminal defamation” for “defamatory imputations” against the government.Interestingly, Arvind Kejriwal, before he had become the Chief Minister, had himself challenged the constitutionality of Sections 499 and 500 of the. The Supreme Court today stayed …

Objectionable content can't be filtered: Google
13 years, 2 months ago

Objectionable content can't be filtered: Google

The Hindu  

Search engine Google India on Thursday submitted before the Delhi High Court that it could not filter objectionable content posted on websites as it was not a website. Making submission before Justice Suresh Kait, counsel for the search engine further submitted that it had no liability or system to filter objectionable content. The company also expressed its inability to filter …

Court sets deadline for social networking sites
13 years, 3 months ago

Court sets deadline for social networking sites

The Hindu  

Setting a deadline for 22 social networking sites including the Facebook, the Google, the Yahoo and the Microsoft to remove all “anti-religious” or “anti-social” content, a Delhi court on Saturday directed the companies to file compliance reports by February 6. Raging controversy The court's order came amid a raging controversy over monitoring the content on Internet and of those websites …

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