Advocate Hrishikesh Baruah appeared for Harper’s Bazaar and told the Court that their Instagram page has nearly 7,000 posts of which only 3 are found to be infringing and yet the account has been suspended.
Baruah said that they did negotiate with Backgrid for taking back their copyright strikes but they demanded “extortionist prices” for these photographs.
Meanwhile, advocate Teja Karia appeared for Meta and argued that the action was taken against Harper’s Bazaar as per the IT Rules and Meta’s policy. Karia said that notices were issued to Harper’s Bazaar before their handle was taken down.
“There is clear provision in the IT Rules for take down of the handles in case of copyright violation. Rule 3(1) says due diligence by the intermediary and an intermediary has the right to remove the copyrighted content. I have right under the Rules to terminate his account which I have exercised,” he said.
Source: Barandbench
