Circulation of e newspaper on WhatsApp and Telegram [Bennett Coleman Co. Ltd v. WhatsApp inc & Ors.]

Brief Facts : The petitioners Bennett, Coleman and Company Ltd alleged that their e news (TOI and Navbharat Times) paper is circulated on WhatsApp and telegram. It is made available for illegal and unauthorised download. Newspaper being original literary work under copyright act is entitled to copyright protection. Thus such circulation of their paper amounts an infringement of their copyright.

Summary : The court passed an ex parte ad interim injunction and observed that “The plaintiff being an exclusive owner of the copyright in the said literary work, therefore, possesses all rights to it in any material forms. Defendants are illegally circulating copies of e-newspaper owned by the plaintiff which violate the rights of the plaintiff.” Court also issued notice to WhatsApp, telegram and certain individuals who are allegedly administrators of various groups on the platforms and are indulged in sharing of the said e-papers.