PANASAM AKSHARA | Delhi HCCase-TV Today Network Pvt Ltd v. Newslaundry & Ors.
The Delhi High Court refused interim relief to TV Today Network which owns news channels India Today and Aaj Tak,in suit filed by it against news channel Newslaundry,its CEO Abhinandan Sekhri sought damage of Rs.2crore for defamation against anchors, management, employees and for copyright infringement.Justice Asha Menon ruled the interim application,She observes that neither the aspect of balance of convenience nor irreparable loss was met to grant interim relief to TV Today Network.The bench held suit as commercial dispute.Justice Menon said,she discussed many aspects other than copyrights issue in the order,and the copy was awaited.Now the matter will be listed before roster Bench.In Interim application TV Today network sought injunction from infringing its copyrights in any manner.It also refrained Newslaundry and its employees from writing,posting,tweeting or publishing any defamatory content about TV Today.its news channels and anchors.The interim application sought suspension and termination of Newslaundry;s YouTube,Instagram,Facebook,Twitter channel as well as allegedly defamatory content against TV Today.The suit alleged Newslaundry portal for making,'unfair,untrue and disparaging defamatory remarks' about the anchors and management.The company sought for permanent injunction.It alleged that impugned acts of defendants caused prejudice to their commercial reputation and goodwill.As per suit,the unpermitted use of original cinematograph films and sound recordings of plaintiff company by defendants is not protected by Sec.52 of Copyright Act,1957.During the hearing,Senior Advocate Saurabh Kripal appearing for Newslaundry argued that expression of opinion does not amount to defamation and that cause of action as disclosed in plaint was extremely unclear.He argued that it was not possible for court to decide interim application on basis of the said pleadings.He argued that even assuming that it was possible to consider some injunctive relief,TV Today had disentitled itself from any interim relief because of misleading documents filed by it.Advocate Hrishikesh Baruah on other hand,representing TV Today argued that copyright protected work of another cannot be used 'out of context'.He also emphasized that copying of another's work to make one's own program more interesting,attractive or enjoyable is not permitted.
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