The Delhi High Court has ordered WhatsApp to deactivate groups that are unofficially and illegally disseminating the online editions of the publications of Dainik Bhaskar Corp Limited.
‘Plaintiff has made out a prima facie case and the balance of convenience also lies in favour of Plaintiff. Further, an irreparable loss would be caused, in case an ex-parte order of injunction is not granted – restraining the infringing Defendants from illegally circulating and distributing the Plaintiff’s e-newspaper’, Justice Sanjeev Narula ordered on December 24.
The publisher of Dainik Bhaskar and other newspapers has petitioned the High Court to order WhatsApp to ban specific groups from disseminating their e-newspapers without permission. WhatsApp LLC had previously refused the request to restrict such groups and requested the issuance of a court order in response to a letter from DB Corp Ltd.
According to the court, DB Corp offers subscription-based access to its e-newspapers via its official website and mobile application.
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‘The said process of digitisation of publication entailed substantial investment in the research and development and other resources in order to provide quality service as well as increase readership of the newspapers. A reader can subscribe to Plaintiff’s newspaper by paying a subscription fee. The subscription is for a single individual user to browse content on the website for their personal use, and the subscriber does not have the option of downloading the e-newspapers’, the media group argued before the court.
In its lawsuit, DB Corp cited 85 WhatsApp groups and claimed that its e-newspapers had been circulated unofficially and unlawfully in numerous additional groups and platforms. On May 2, 2022, the matter will be heard again.
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