YouTuber can't file writ petition to restore suspended account: Uttarakhand High Court

The Uttarakhand High Court on Tuesday declined to entertain a YouTuber's petition challenging suspension of her account due to alleged copyright infringement [Swati Alias Smriti Negi v. Union Of India & Others].

Justice Manoj Kumar Tiwari said that the remedy under Article 226 cannot be invoked for settling a contractual dispute or claims arising out of the contract. He added that since the YouTuber's claim was based on an agreement with the platform, the writ petition was not maintainable.

"For resolving the dispute raised in the writ petition, other remedies are available to the petitioner. Public law remedy under Article 226 is certainly not a remedy available for resolving such dispute. Writ petition is, accordingly, disposed of with liberty to petitioner to avail such remedy, as is available to her under law," it said.

The petition was moved by one Swati alias Smriti Negi for restoration of her YouTube channel. Her counsel said that her account was deleted from YouTube on account of three copyright strikes, without any notice or opportunity of hearing.

However, the Court said the relief sought by her cannot be granted in a writ petition.

"It is not in dispute that petitioner entered into an agreement with YouTube with certain terms and conditions. If YouTube finds that any one or more terms and conditions, settled between the parties, has been violated, then the account of the petitioner can be deleted," it added.

Though the petitioner argued that she did not violate any terms or conditions of the agreement, the Court asked her to avail any other remedy that may be available to her.

Advocate Shubhr Rastogi represented the petitioner.

Central Government Standing Counsel Saurabh Adhikari appeared for the Union government.

Standing Counsel Suyash Pant appeared for State.

[Read Order]