Karnataka High Court sets aside commercial court order blocking Twitter handles of Congress party, Bharat Jodo Yatra

The Karnataka High Court on Tuesday set aside an order of a commercial court that had directed Twitter to temporarily block twitter handles of Indian National Congress party (INC) and its mass movement, Bharat Jodo Yatra in a copyright infringement suit..A division bench of Justices G Narendar and PN Desai, however, made it clear that the Congress party should remove the infringing tweets from all its social media platforms and the order setting aside the commercial court decision is subject to Congress removing the infringing content. "Order impugned is set aside subject to the appellant (Congress party) removing content from all social media platforms," the Court directed.The order was passed after noting that the Congress party had already admitted that it had tweeted infringing content by mistake and had undertaken to remove the infringing tweets.In view of the same, the bench observed that there was no requirement to block the Twitter handle of the party."Shutting out.. it is punitive. You direct them to preserve the evidence, that is fine," the Court remarked.The Court recorded the submission of the Congress party that it will remove the infringing tweets by 2 pm tomorrow. It, therefore, proceeded to to set aside the commercial court's order. "As of now the order is set aside, subject to their undertaking. Other interim applications will be reconsidered. We are not cutting it out," the Court made it clear.The commercial court in Bengaluru had on Monday directed that Twitter handles of Congress party and Bharat Jodo yatra should be blocked temporarily and three links on twitter should be removed from the platform.The order was passed by Judge Latha Kumari in a copyright infringement suit initiated by MRT Music (respondent/ plaintiff) alleging that the handles illegally used sound records of film KGF-Chapter 2.The commercial court had ruled that prima facie materials established that if the alleged illegal use of sound records was encouraged, the plaintiff would suffer an irreparable injury and the same would also lead to encouraging piracy at large."Plaintiff has specifically produced CD showing the side by side file i.e., original version of his copyrighted work with that of the illegally synchronized version. These prima facie materials available before this court at this stage establishes that if same is encouraged plaintiff who is in the business of acquiring cinematography films, songs, music albums etc., will be put to irreparable injury and further same leads to encouraging the piracy at large," the Court had stated..On Monday, counsel for MRT had contended that since the respondents were illegally using their music and infringing their rights, it was necessary to appoint a Commissioner to inspect and conduct an electronic audit and to preserve the infringing material on INC's Twitter account and Bharat Jodo Yatra's Twitter, Instagram, YouTube and Facebook accounts.The commercial court had agreed with the same and stated that the object of granting injunction would stand defeated if a commissioner was not appointed.It had, therefore, also appointed an administrator of its computer section as local commissioner to visit the defendants' accounts, conduct an electronic audit and preserve infringing materials available to prepare an inventory of the same..The Congress party then moved the Karnataka High Court against the order by way of the present plea. Senior Advocate Abhishek Manu Singhvi, appearing for Congress, contended that Tweet in question containing the infringing content can be take down but there is no requirement to remove the entire Twitter handle of the party. "My Twitter handle cannot be taken off. There is no interest in that. They only want that 45 second clip should not be shown. That was a mistake.. it won't be shown," Singhvi said..He further claimed that the fact that the respondents wanted the entire handle to be taken down which showed ulterior motives on their part."'Till further orders block the social media'. What media? The entire INC Twitter. It has no relevance for the respondent here unless he has some political axe to grind," Singhvi submitted..He also questioned the urgency in passing an ex-parte injunction without hearing the Congress party. "Please note.. not a word in this order about any urgency that it could not give notice to me. It is mandatory to order notice unless you record emergent reason under Order 39 Rule 3. This has been interpreted recently," Singhvi said.Singhvi maintained that it was an honest mistake (to use the recording) but underscored that there was no commercial intent on their part. Hence, a disproportionate order paralysing the social media account of the party should not be allowed, he said. "I have made a mistake but there is no commercial intent. That's why I said, by tonight or tomorrow. your Lordships will not allow a disproportionate order the effect of which is to paralyse the social media expression of a leading political party," he contended..The arguments made by the counsel for the respondent-plaintiff were not audible due to poor audio quality. .The Court asked the respondent on what was the need to take down the twitter handle when the Congress party has agreed that it will pull down the infringing tweets."They have admitted it...Why do you want access to their handle?" the Court queried.The Court also questioned the rationale behind appointing a commissioner to access the Twitter handle and conduct an investigation"Why should commissioner also have (access)? There is no dispute with respect to the fact that the audio has been synchronised of the video. Audio also includes the script.. once it is admitted, what's the question of investigation," the bench asked.