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The Delhi High Court has directed YouTube to remove two songs published by Swedish YouTuber PewDiePie from its platform.
The interim order was granted by a Single Judge Bench of Justice Jayant Nath in a suit preferred by T-Series owner Super Cassettes Pvt Ltd., seeking to permanently restrain Felix Arvid Ulf Kjellberg, better known as PewDiePie, from uploading the songs titled ‘T-Series Diss Track/Bitch Lasagna’ and ‘Congratulations’.
It is T-Series’ case that the lyrics of the two songs are, on the face of it, defamatory, disparaging, insulting and offensive.
For quite some time, PewDiePie had the most subscribed channel on YouTube. Of late, the popularity of T-Series increased so significantly that it overtook PewDiePie as the most subscribed YouTube Channel in the world, across all categories.
T-Series thus contends that PewDiePie has been uploading defamatory and disparaging music videos which target the company, as well as the Indian community, to regain his top position.
The songs/videos contain racist, inflammatory and hateful remarks against the Indian community as well as T-Series in a bid to ridicule and disparage the T-Series and its trademark, it was pleaded.
After perusing the snapshots of the videos uploaded by PewDiePie, the Court opined that the songs contain “repeated comments made which are abusive, vulgar and also racist in nature”.
“In my opinion, it would be in the interest of justice that these videos are taken off by YouTube”, Justice Nath ordered.
The Court also noted that after the first video was released, PewDiePie sent a communication to T-Series and apologized for posting the same. He also stated that “it was all in good fun”, while assuring that he was “not planning any more videos on the same line”. However, on March 31, he posted a new song on the same lines.
The Court thus deemed it appropriate to direct YouTube to remove and disable access to the two songs, ‘T-Series Diss Track/Bitch Lasagna’ and ‘Congratulations’. It also asked YouTube to ensure that the songs do not get uploaded ever again on its platform.
As per the Court’s order, the compliance of the same shall be done within two weeks from April 8.
The Court also issued notice to PewDiePie in the suit.
The matter will be heard next on July 15.
T-Series was represented by Senior Advocate Amit Sibal with Advocates Harsh Kaushik, Abhay Chattopadhyaya and Varun Tandon.
Read the order: