In a recent state of affairs, Associate Broadcasting Limited, which operates television and digital channel TV9 filed a suit against tech giant Google over a threat of their Youtube channels being taken down over copyright strikes.

Between the years 2020 and 2023, TV9 Youtube channels disseminated news about various events from across the world on natural and manmade disasters and wars, the most recent being the war in Gaza. However, TV9 was issued a copyright strike alleging that some footage they used belonged to a party in the US.

Post the strike, the videos that allegedly contained infringing materials were taken down. TV9 told the court that the removal of their YouTube channel will cause them irretrievable loss as they will lose their subscriber base of millions, The Economic Times reported.

Experts feel that while the courts can restrain YouTube from taking down a channel for a copyright strike based on the provisions of Section 52 of the Copyright Act, 1957, read with Rule 75, the situation becomes more intricate when it comes to the suspension of channels.

“This is governed by YouTube’s terms of service rather than a specific law. The court’s perspective may hinge on the contractual agreement between YouTube and the channel owner, recognizing YouTube’s discretion in deciding which channels to showcase on its platform. It’s crucial to note that YouTube’s platform is typically free, so consumer protections may not apply directly,” said Vikramjeet Singh, Partner, BTG Legal.