Court even held that Section 52 of the Copyright Act is founded upon Article 19(1)(a) of the Constitution of India. Therefore, any action disallowing a content creator from making fair use of a copyrightable work impacts the constitutional rights of the user as well. This also corresponds with the fair use rights under US copyright law and the [**Digital Millennium Copyright Act of 1998**](https://www.congress.gov/105/plaws/publ304/PLAW-105publ304.pdf) regime.
## Misuse of copyright law is hurting the freedom of speech and expression
We have to view this seriously because the trend of “complaint bombing” is an attack on the fourth pillar of democracy and independent journalism. The independent news media houses that create content and broadcast it through their YouTube channels, have a fundamental right to freedom of speech and expression, and to carry on their business and profession. And you have a fundamental right to access this information through the medium of the internet.
Often, their YouTube channels are their primary means to broadcast their news reportage, and suspension of access to YouTube strips the news platform, as well as the audience of such platforms, of their fundamental rights. Using copyright law to takedown journalistic critique is an overreach and misuse of the law.
In several instances, legitimate news reportage is taken down, and even entire channels are blocked, without affording an opportunity of hearing to such independent news media channels. This is what weaponisation of intellectual property law looks like. And it is done to attack and stifle political dissent and fair critique. Copyright jurisprudence was developed to protect the rights and interests of authors, artists and creators, not to intimidate and harass them.
## So what can Google India do?
In our representation to Google India, we requested that as a significant social media intermediary, YouTube must devise a thorough mechanism, to conduct its own due diligence upon receipt of takedown requests through its Webform before restricting any account or removing any content from its platform, especially, in relation to media organisations.
The mechanism must abide by the Santa Clara Principles, and must include a provision that confers upon media organisations/individuals a right of hearing before their content is taken down or account access is disabled.
Today, YouTube is one of few companies which could become one of the largest stakeholders in furthering a free and democratic society. YouTube’s commitment towards protection of the freedom of speech and expression of the press can advance and protect human rights.
But this misuse of the law by large media houses, with YouTube complicity, is not just an attack on the satirist. It is an attack on the readers and viewers of satire as well. It restricts what news we have access to. It is an attempt to shape our opinion in a particular manner, by restricting what facts and opinions we are exposed to. It affects our fundamental rights. IFF will continue to take this up with social media platforms in a sustained manner.
## Important Documents
1. IFF’s representation to Google India dated October 18, 2021 ([**link**](https://drive.google.com/file/d/1g6q57ZN9nuXDoYPr3jhAhWxA1kg8uy4c/view?usp=sharing))
2. DMCA Infringements: Much Ado About Copying? ([**link**](https://internetfreedom.in/dmca-infringements-much-ado-about-copying/))
3. Big Tech releases its transparency reports in compliance with the IT Rules: Here’s what we found ([**link**](https://internetfreedom.in/big-tech-releases-its-transparency-reports-in-compliance-with-the-it-rules-heres-what-we-found/))
4. Social media giants have released the second round of 'Compliance Reports'. We’ve analysed the data ([**link**](https://internetfreedom.in/google-facebook-and-twitters-second-round-of-compliance-reports-an-analysis-2/))
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