In the defamation and copyright infringement complaint against Newslaundry, its management, and senior editorial staff, the Delhi High Court on Friday refused to award interim relief to TV Today Network, which operates the news networks India Today and Aaj Tak.
TV Today Network last year filed a complaint against Newslaundry and sought Rs 2 crore (Rs 2,00,00,100) in damages from them alleging that Newslaundry had commercially undermined its commercial items and defamed the network, its news anchors, management, and the staff. Newslaundry had uploaded several video clips from India Today and Aaj Tak channels, and TV Today had objected to the same. TV Today had made copyright claims on the videos posted on YouTube by Newslaundry and had filed a defamation suit on some articles based on those videos.
During the decision on the plea for interim relief, Justice Asha Menon stated that the issue is to be treated as a business dispute. She went on to say that neither the element of the balance of convenience nor the aspect of irreparable harm has been fulfilled to award the interim relief.
Justice Asha Menon said though it could be said that there existed a degree of prima facie case in favour of the plaintiff but the balance of convenience is in favour of Newslaundry and no irreparable loss is being caused to TV Today.#DelhiHighCourt @newslaundry @IndiaToday
— Bar & Bench (@barandbench) July 29, 2022
The court stated that, while there is a prima facie case to be considered, an interim injunction cannot be given at this time. According to the lawsuit, Newslaundry had posted various videos on its website and social media platforms in which it infringed on TV Today Network’s copyrights and made untrue, unfair, disparaging, and maliciously defamatory remarks about the news reporting, and news anchors of the channels it operates as well as management of the media group.
The articles which attracted the notice include one where Newslaundry journalist Ayush Tiwari had questioned why other India Today anchors had not been punished in the same manner as Rajdeep Sardesai. According to Tiwari, India Today labelled the article “vicious”. The other article was on Gaurav Sawant. The anchor had been called a “known culprit in the fake news department”, which the channel has disputed.
#IndiaToday alleged that #newslaundry uploaded various videos on its website & on social media infringing on copyrights & making untrue, unfair, disparaging as well as maliciously defamatory remarks about the channel’s News, Reporting, Management & it’s News Anchors.
— Ritika Jain (@riotsjain) October 25, 2021
Meanwhile, TV Today Network had sought an injunction prohibiting Newslaundry and its employees from infringing on the media organization’s copyrights and posting any libelous or commercial disparaging information about its news channels.
TV Today Network had also sought to remove the claimed information from the Newslaundry website, YouTube channel, and social media accounts. It also requested the suspension, banning, and termination of Newslaundry’s YouTube channel, as well as its Facebook and Instagram accounts.
According to the reports, the unpermitted and unlicensed use of the original cinematograph films and sound recordings of the Plaintiff company by the defendants was not protected by sec. 52 of the Copyright Act, 1957.
