Delhi HC issues summons to Backgrid USA, Meta in TV Today’s suit over suspension of Instagram page

NEW DELHI — The Delhi High Court on Wednesday issued summons to global celebrity news agency Backgrid USA and Meta Platforms in response to a lawsuit filed by TV Today Network. 

The suit concerns the suspension of the Instagram page for TV Today’s magazine, Harper’s Bazaar India (bazaarindia), over copyright issues.

Justice Anish Dayal has sought responses from Backgrid USA and Meta Platforms regarding TV Today Network’s application for the restoration of its Instagram handle.

The conflict originated from posts on Bazaar India’s Instagram account featuring photos of international celebrities in different fashion outfits.

Backgrid USA filed three copyright strikes against these posts, prompting Meta to deactivate the Instagram account on March 15.

TV Today Network has claimed that the use of the photographs falls under the “fair use” provisions outlined in Section 52 of the Copyright Act. Meta Platforms advised TV Today Network to negotiate directly with Backgrid USA.

Despite efforts to communicate and negotiate with the US-based company, TV Today’s attempts were rebuffed by Backgrid USA, according to advocate Hrishikesh Baruah, representing TV Today.

The court has now asked Backgrid USA and Meta Platforms to provide their responses to the allegations and on the request for reinstating the Instagram account.

TV Today Network had moved the court earlier this month challenging the constitutional validity of Rule 3(1)(c) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The rule in question mandates intermediaries to periodically inform the users about their rights and the consequences of non-compliance with the rules and regulations.

TV Today Network had argued that this rule infringes upon the constitutional provisions as it sought its alignment with the existing laws and constitutional articles.

It also asserted its grievance over the suspension of the Instagram account of Harper’s Bazaar India due to copyright complaints by a third party.