Delhi HC hears creators’ challenge over Meta copyright claim misuse

MUMBAI: When creators say their biggest rival is the algorithm, they rarely expect copyright to join the cast. Two digital creators have moved the Delhi High Court, alleging that Meta’s copyright enforcement system is being exploited through fraudulent claims that can take down original content and even put Instagram accounts at risk.

According to a Bar and Bench report, commercial suits have been filed by financial educator Pushkar Raj Thakur and digital creator Neeraj Joshi, who claim unidentified individuals are abusing Meta’s copyright reporting mechanism by filing false ownership claims against their original videos.

The petitions allege that the misuse centres on Facebook’s post-editing feature. According to the creators, individuals first upload unrelated content on Facebook before replacing it with an Instagram video using the platform’s edit function. Although the content changes, the original publication date remains unchanged, creating the appearance that the altered post predates the creator’s upload.

The creators contend that these edited Facebook posts are subsequently used to assert ownership through Meta’s Rights Manager, triggering copyright strikes against genuine content. They argue that Meta’s automated enforcement system acts on such complaints without adequately verifying authorship, metadata, edit history or the actual publication timeline.

In Neeraj Joshi’s case, Justice Jyoti Singh, on July 9, recorded Meta’s submission that it would investigate the allegations if the account had not already been permanently disabled. The company also assured the Court that Joshi’s verified Instagram account would be preserved.

The Court directed Meta to provide Joshi with Basic Subscriber Information and IP logs within three weeks, which could help identify those allegedly responsible for interfering with the account. It also issued summons in the suit, while his plea for interim relief is scheduled to be heard on August 5.

Pushkar Raj Thakur has made similar allegations, claiming that several of his videos were removed, disabled or restricted because of false copyright complaints. His petition further alleges that Meta denied him access to Rights Manager, even as the alleged infringers continued using the tool against his content.

On May 29, Justice Tushar Rao Gedela directed Meta to explain the measures it had taken, or could introduce, to prevent the alleged misuse of its platform. When the matter came up before Justice Anup Jairam Bhambhani on July 1, Meta assured the Court that Thakur’s videos would not be removed because of copyright strikes until the next hearing and that his Instagram account would not be disabled on account of repeated complaints.

The company also agreed to restore the deleted videos after Thakur provides the relevant URLs. The Court recorded Meta’s assurances and listed the matter for July 17.

Thakur has sought an injunction restraining Meta from removing his original content based on what he describes as fraudulent or backdated copyright claims. He has also requested the Court to direct the company to introduce safeguards including KYC verification, timestamp integrity protections, metadata verification and anti-manipulation protocols within Rights Manager.

In addition, he has sought nearly Rs 2 crore in damages from Meta and the alleged infringers, claiming losses arising from reduced followers, monetisation opportunities, sponsorships and commercial goodwill. The case adds to the growing debate over whether automated copyright enforcement systems can effectively balance the protection of intellectual property with the rights of original creators in the age of algorithm-driven moderation.