TV9 files suit against Google over repeal threat to YouTube channels

TV9 moves plea against Google and YouTube

Associate Broadcasting Limited, which runs television and digital channel TV9, filed a suit for injunction against tech giant Google over a threat of their YouTube channels being taken down over copyright strikes on January 5.

Google owns video streaming platform YouTube. The YouTube copyright strike is a policing practice used by the video streaming app for the purpose of managing copyright infringement. If a user gets three copyright strikes in 90 days, their account, along with any associated channels, are terminated and, as a result of this, they lose their entire subscriber base built over the years.

The court agreed to consider the plea for interim injunction and posted the case for hearing in March after seeking Google's response. The case raises an important question on whether Indian courts have the power to injunct a YouTube channel being taken down when a party from the US issues a copyright strike.

According to what transpired in the court, between 2020 and 2023, the  TV9 YouTube channel disseminated news pertaining to various events from across the world, including hurricanes, floods and other natural and manmade disasters including the Gaza war. However, TV9 was issued the copyright strike alleging that some footage they used belonged to a party in the US.

After the copyright strike, TV9 exchanged communications on the issue to sort it out and the videos that allegedly contained infringing materials were taken down.

The alleged owners of the copyrighted footage also initiated legal proceedings in the US. Apprehending negative orders, which may result in the channel being taken down, TV9 moved the Delhi High Court. The media company has also filed plea seeking interim injunction against Google.

TV9 told the court that removal of their channel from YouTube will cause them irretrievable loss as they will lose their subscriber base built over the years. Google told the court that at the present moment, TV9's YouTube channel have not been removed although some videos have been taken down.

"In these circumstances there is no immediate need for passing any protective orders in TV9's favour. Replies to be filed by the Google and other defendants (copyright owner) in four weeks," the court said. It also permitted the parties to file additional documents.