Indian Court Examines Platform Copyright Takedowns

The Delhi High Court is currently examining the complexities surrounding copyright strikes and content removal by online platforms. The central issue revolves around whether the current methods employed by social media intermediaries to suspend accounts and remove content based on copyright claims are consistent with existing legal precedents.

A key question before the court is: "Are the extant systems and procedures of suspension, take-down, and subsequent deletion of an account followed by social media platforms (intermediaries) based on copyright strikes in line with the principles laid-down in Shreya Singhal and Myspace Inc.?" This question arises from a case where a content creator's Instagram account was suspended following copyright strikes.

Under current platform procedures, a complaint from a self-proclaimed rights holder, reviewed by automated systems and platform staff, can lead to content removal and a strike against the user's account. Accumulating three strikes can result in account termination. If the user contests the complaint, the claimant must then provide proof of a filed lawsuit, potentially even abroad, to keep the content removed for the duration of the legal proceedings.

Platforms often maintain they are neutral intermediaries with no authority to adjudicate copyright disputes. However, the argument presented is that an intermediary cannot substitute judicial rulings while also claiming safe harbor protection once a user challenges a takedown notice. The analysis delves into India's Information Technology Act and associated rules, specifically questioning the interpretation of 'voluntary' actions by intermediaries in light of these legal challenges.