Court rules that Facebook's removal of copyrighted content is justified, compliance with hearing rule remains undecided.
In a significant ruling on copyright infringement and intermediary liability, the Punjab and Haryana High Court has upheld Facebook Meta Platform INC's decision to remove a copyrighted song from a user's page. The judgment, delivered by Justice Jagmohan Bansal on May 20, 2026, addressed the contentious issue of content removal without prior hearing under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The case was brought forward by petitioner Maninderjeet Singh, who argued that Facebook had removed content from his Facebook page, 'Lok Awaz Punjabi,' without granting him an opportunity to be heard, as mandated by Rule 4(8) of the 2021 Rules. This Rule stipulates that content removal based on a private complaint should be preceded by an opportunity for the page owner to present their case.
Representing the petitioner, Advocate Nikhil Ghai contended that the removal was unjust, as Singh was not afforded a chance to respond to the complaint. In defense, Senior Advocate Puneet Bali, representing Facebook, argued that the removal was necessitated by a copyright infringement complaint made by the song's copyright owner, and that only the infringing song, not the entire page, was removed.
Upon reviewing the arguments and evidence, Justice Bansal found that Facebook acted within its duty to remove the infringing content, as the petitioner failed to provide any evidence countering the copyright owner's claim. The court emphasized that compliance with the copyright owner's complaint was essential and in line with the 2021 Rules.
The court, however, left open the question of compliance with Rule 4(8), which requires a hearing before removal, signaling the need for further clarification in future cases. The judgment concluded with the disposal of the petition, noting that only the specific infringing content was removed and not the petitioner's entire Facebook page.
This ruling highlights the ongoing challenges in balancing copyright enforcement with procedural fairness in digital spaces, marking an important precedent for intermediary platforms and content creators alike.
Bottom line:-
The removal of copyrighted content by an intermediary is valid if it is done upon the complaint of the copyright owner, and there is no evidence to the contrary. Compliance with Rule 4(8) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 remains an open question.
Statutory provision(s): Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Rule 4(8)
Maninderjeet Singh v. Facebook Meta Platform INC, (Punjab And Haryana) : Law Finder Doc id # 2927103
