IPRMENTLAW WEEKLY HIGHLIGHTS (September 23 – 29, 2024)
Supreme Court docket Expands Scope of POCSO Act to incorporate viewing Youngster Pornography
The Supreme Court docket has dominated that viewing baby pornographic materials on the web constitutes an offence below Part 15 of the Safety of Youngsters from Sexual Offences (Pocso) Act. Part 15 offers with the offence of storage or possession of kid pornographic materials with an intention to transmit the identical. It was additionally held that the intention to transmit could be gauged from failure to delete and report the fabric.
The bench, consisting of the Chief Justice of India and Justice J.B. Pardiwala, clarified their conclusion with an instance. On this illustration, if ‘A’ repeatedly watches baby pornography on-line with out downloading or storing it on his system, he would nonetheless be thought-about to be in possession of the fabric. It is because, whereas watching, ‘A’ workout routines vital management over the content material, reminiscent of sharing, deleting, enlarging, or adjusting the quantity. Moreover, since he voluntarily views the fabric, it implies that he has information of and management over it.
Case: Simply Rights For Youngsters Alliance v. S. Harish
Case Particulars: Felony Enchantment Nos. 2161-2162 Of 2024
You possibly can learn extra about it right here.
Karnataka Excessive Court docket restrains Youtubers from Sharing Dwell Court docket Streams
The Karnataka Excessive Court docket on Tuesday issued an order restraining media businesses and people from sharing movies of live-streamed courtroom proceedings with out authorization. The Court docket directed platforms like YouTube, Fb, and X (previously Twitter) to delete any movies that had been posted in violation of the present guidelines. Sure media businesses had been additionally restrained from displaying such movies on their channels.
The order got here in response to a petition filed by the Advocates Affiliation Bengaluru, in search of a directive from the Centre restraining people, video-makers, media businesses, and so on., from illegally utilizing courtroom proceedings of dwell streamed movies. The Excessive Court docket famous that guidelines prohibiting the sharing of those movies are already in place and {that a} disclaimer was being displayed to tell viewers to not misuse the content material. The petition was filed after controversial movies of Justice V. Srishananda of the Excessive Court docket surfaced on-line. In a single video, he was seen referring to an space in Bangalore as “Pakistan“.
Case Identify: Advocates Affiliation Bengaluru v. Union of India
Case Particulars: Writ Petition No. 26229 / 2024 (GM-RES)
You possibly can learn extra about it right here. You possibly can entry the order copy right here.
PIL Filed in Bombay Excessive Court docket Seeks Ban on On-line Rummy in Maharashtra
A Public Curiosity Litigation (PIL) has been filed within the Bombay Excessive Court docket in search of a ban on the net sport of Rummy in Maharashtra, arguing that it’s a sport of “likelihood” and constitutes playing. The petitioner claims that apps like Junglee Rummy and Rummy Circle promote “on-line playing,” which violates the Public Playing Act, 1867, the Bombay Prevention of Playing Act, 1887, and the Bombay Wager Act. The petition additionally requests the State to ban these apps and urges Google to cease offering servers to assist them.
Throughout the listening to, the respondents, argued that the PIL isn’t maintainable, stating that a number of Excessive Courts have already dominated that Rummy is a sport of talent, not likelihood.
The Court docket, led by a Division Bench of Justice Devendra Kumar Upadhayay and Justice M.M. Sathaye, requested the respondents State, Google, Junglee Rummy and Rummy Circle, to file affidavits on the problem of maintainability and clarify how on-line Rummy qualifies as a sport of talent.
Case: Ganesh Ranu Nanaware v. State Of Maharashtra
Case Particulars: CRPIL/17/2024 [Criminal]
You possibly can learn extra about it right here.
Diljit Dosanjh Served Authorized Discover Over Alleged Ticket Value Manipulation
Singer-actor Diljit Dosanjh has made headlines after being served with a authorized discover for allegedly manipulating ticket costs for his Dil-Luminati live performance in Delhi. The discover was issued by Riddhima Kapoor, a regulation pupil from Delhi, who claims she was unable to buy a ticket on account of unfair practices by the organizers.
Kapoor has alleged that the live performance organizers manipulated ticket availability, resulting in scalping and inflated costs. She talked about that though ticket gross sales had been scheduled to begin on September 12 at 1 pm, passes had been made out there a minute earlier and bought out instantly.
You possibly can learn extra about it right here.
Zomato serves authorized discover to Viagogo for unauthorized Diljit Dosanjh live performance ticket gross sales
Following the above growth of a discover served to Diljit, Viagogo, a multinational ticket change platform, was discovered reselling tickets for each Coldplay and Diljit Dosanjh at exorbitant costs. In response, Zomato’s ticket platform, Zomato Dwell, has despatched a authorized discover to Viagogo for unauthorized gross sales of Diljit Dosanjh live performance tickets, as Zomato is the official accomplice for promoting tickets to the singer’s upcoming live performance. Zomato Dwell has additionally filed cybercrime complaints towards a number of different secondary ticket platforms for comparable points.
You possibly can learn extra about it right here.
Tamil Nadu Gaming Authority Takes Authorized Motion Towards Influencers for Selling On-line Betting
For the primary time, the Tamil Nadu On-line Gaming Authority (TNOGA) has taken authorized motion towards a number of YouTubers, Instagram influencers, and a non-public agency for selling on-line betting and playing platforms. These social media personalities, who primarily vlog about meals and cinema, subtly promoted offshore fantasy video games, poker, and rummy, engaging customers with guarantees of money rewards of as much as ten lakh per day for small deposits.
TNOGA issued showcause notices to the people and entities, questioning why their entry shouldn’t be blocked in Tamil Nadu. After receiving unsatisfactory responses, TNOGA initiated authorized proceedings on the Metropolitan Justice of the Peace Court docket, Saidapet. If discovered responsible below the Tamil Nadu On-line Gaming Act, the accused may face fines starting from 5 lakh to 10 lakh and as much as three years in jail. Moreover, some movie celebrities, who promoted betting apps through short-lived Instagram tales, are additionally below investigation. A non-public agency was additionally pulled up for promoting betting apps by way of taxi stickers in Chennai.
You possibly can learn extra about it right here.
Coldplay Live performance Ticket Controversy: Lawyer Recordsdata Criticism Towards BookMyShow
Amit Vyas, a lawyer and founder-partner of Mumbai regulation agency Vertices Companions, has filed a police grievance towards BookMyShow, Dwell Nation, and different promoters of the upcoming Coldplay live performance in Navi Mumbai, alleging black advertising of tickets. Vyas was logged out whereas making an attempt to guide tickets on September 22, prompting him to analyze and uncover comparable experiences amongst others.
The grievance, now below investigation by the Financial Offences Wing (EOW) of Mumbai police, claims that BookMyShow and Dwell Nation used ticket bots to create synthetic digital queues, blocking real followers from buying tickets. Vyas additionally alleged that numerous tickets had been diverted to the secondary market, Viagogo, the place they’re being bought at inflated costs — as much as 50 occasions larger than their unique value. The grievance requires an FIR towards BookMyShow, Dwell Nation, and their key personnel for offences reminiscent of dishonest, organised crime, and legal breach of belief. The EOW has issued summons to Ashish Hemrajani, CEO of BookMyShow, and the corporate’s technical head for inquiry.
You possibly can learn extra about it right here.
Enforcement Directorate Cracks Down on Unlawful Betting Apps Linked to Chinese language Nationals
In a major operation towards unlawful on-line functions related to Chinese language nationals, the Enforcement Directorate (ED) has hooked up property, together with funds held in cryptocurrency wallets on Binance. In keeping with sources, the investigation in Kolkata has revealed that Chinese language nationals allegedly operated the unlawful betting and gaming software, Fiewin, with the assistance of Indian accomplices.
The ED has arrested 4 Indian nationals linked to the case, who’re presently in judicial custody. Fiewin was marketed as a platform for making fast and simple cash, selling easy video games like Minesweeper and Color Prediction that rely purely on luck slightly than participant talent.
You possibly can learn extra about it right here.
CBFC Requires Modifications for Kangana Ranaut’s Emergency
The Central Board of Movie Certification (CBFC) has issued a U/A certificates for Kangana Ranaut’s Emergency, requiring 13 adjustments. The CBFC mandated a disclaimer that the movie’s occasions are “impressed by true occasions” to make clear that it could not replicate absolute reality.
Moreover, the board has ordered the elimination of a dialogue between Bhindranwale and Sanjay Gandhi, together with three scenes that seek advice from Bhindranwale as ‘sant.’ The CBFC has additionally requested a discount in violent content material, notably scenes depicting Sikhs inflicting violence on non-Sikhs.
You possibly can learn extra about it right here.
Authorized Controversy Surrounds “Vicky Vidya Ka Woh Wala Video”
The movie “Vicky Vidya Ka Woh Wala Video” has sparked controversy over its storyline, prompting producers Sanjay Tiwari and Gul Bano Khan to subject a authorized discover to the movie’s makers. Gul Bano revealed to IANS that she had registered the central thought of the movie with SWA in 2015 as a author, intending for Sanjay Tiwari to provide it, however the venture was delayed. The authorized discover was despatched to T-Collection, Balaji Movement Photos, Wake Movies LLP, Kathvachak Movies, and AA Movies Non-public Restricted.
You possibly can learn extra about it right here.
Filmmaker S. Shankar Takes Motion Over Copyright Infringement
Famend Kollywood filmmaker S. Shankar has publicly criticized fellow administrators for allegedly incorporating components from the favored Tamil novel Veera Yuga Nayagan Vel Paari, authored by CPI(M) Madurai MP and author Su Venkatesan. Throughout a press convention for his movie Indian 2, Shankar shared that he was impressed to develop a screenplay primarily based on Su Venkatesan’s guide, planning a three-film franchise.
Nevertheless, Shankar expressed his frustration over the unauthorized use of content material from the guide by different administrators. In an in depth submit on X, he reiterated that he holds the copyright to Veera Yuga Nayagan Vel Paari and warned that he would pursue authorized motion towards any infringement of his rights.
You possibly can learn extra about it right here.
Delhi Excessive Court docket Restrains Social Media Influencer from Making Disparaging Remarks Towards Complan
Within the case of Zydus Wellness Merchandise Ltd. v. Prashant Desai, the Delhi Excessive Court docket addressed a dispute the place Zydus, the plaintiff, sought an injunction to restrain the defendant, a social media influencer, from making disparaging statements about their product ‘Complan’ by way of social media posts and movies. The plaintiff argued that the statements made by the defendant had been false, deceptive, and dangerous to their product’s fame, focusing on ‘Complan’ as unhealthy for youngsters. The courtroom held that the defendant, missing medical {qualifications} and making unsubstantiated claims, had crossed the road of accountable expression as a social media influencer. Consequently, the courtroom dominated in favor of the plaintiff, granting an injunction to take down the content material and restraining the defendant from making any additional disparaging remarks towards the model.
Learn order right here.