IFF writes to Google India about recent instances of YouTube copyright strikes
[IFF needs your support, now more than ever. Details at the end of this post.](https://preview.redd.it/scipga9r26u71.jpg?width=1600&format=pjpg&auto=webp&s=cce7957ef60951ba242a7b565ec1cc8f277ad349)
## tl;dr
There has been a rise in instances of takedown of content owned by independent news media companies, citizen journalists, current affairs bloggers and satirists on the grounds of copyright violations by YouTube. These takedowns are usually a result of copyright complaints received from big media houses. This is a misuse of intellectual property law by weaponising copyrights to stifle political dissent and fair critique. We write to Google India highlighting that action taken upon such complaints is based on an incorrect application of copyright law and YouTube’s policies and, therefore, threatens press freedom and is in violation of the constitutional rights of digital media reporters and its audience.
## What motivated us to write the letter?
According to recent news [**reports**](https://thewire.in/media/newslaundrys-youtube-channel-taken-down-after-india-today-reports-copyright-violation), YouTube has frozen Newslaundry’s channel on its platform after receiving as many as 50 reports of copyright violation and take down requests from the India Today group, within a span of two weeks. As on the date of writing this blog, Newslaundry has been unable to upload any current affairs video content on its YouTube channel since September 29, 2021. These facts, at first glance, reveal an aggressive attempt to attack independent journalism.
You’ve seen several channels on YouTube that report on reporting. The debates and news that are broadcast on primetime national television shape public opinion and can bring sharp focus to a particular issue to spark national debate (think CAA/NRC protests) or even “bury” the real news by providing a sustained distraction (think Bollywood). As such, the news itself is news. And the news must be covered. Several YouTube channels discuss what is being shown on primetime news channels as a way of distracting from other issues prevailing in the country. To do this, they must show you the clips of news shows and debates that air on television. This is not a violation of copyright law in any way, shape or form. It is legitimate news reporting. And it even finds a specific exemption under Indian and US copyright laws.
## What is the bigger picture? Misuse of Copyright Law
Unfortunately, large media houses have found that social media platforms, particularly YouTube, are very quick to take down content, which has even a hint of copyrighted material. As a result, they have found that “complaint bombing” a particular video or channel that is critical of their work, prompts YouTube to actually take that video down! This time, YouTube has completely frozen Newslaundry’s channel.
But that’s not legally permissible. They’re based on an incorrect application of copyright law and [**YouTube’s policies**](https://www.youtube.com/intl/ALL_in/howyoutubeworks/policies/copyright/). This is a problem because it not only threatens the freedom of the press at large, but is also in violation of the constitutional rights of digital media reporters and its audience.
YouTube, in its copyright rules and policies, states that it abides by the standards of fair use, which it states varies from country to country and from case to case, and yet curiously [**99.99%of the content removed by Google**](https://storage.googleapis.com/transparencyreport/report-downloads/india-intermediary-guidelines_2021-4-1_2021-4-30_en_v1.pdf) relates to copyright and trademark violations.
The law on fair dealing in India has been codified under S. 52 of the [**Indian Copyright Act, 1957**](https://www.indiacode.nic.in/bitstream/123456789/1367/1/copy1957___14.pdf), which states a fair dealing with any work for the purpose of the reporting of current events and current affairs shall not constitute an infringement of copyright. The Delhi High
[IFF needs your support, now more than ever. Details at the end of this post.](https://preview.redd.it/scipga9r26u71.jpg?width=1600&format=pjpg&auto=webp&s=cce7957ef60951ba242a7b565ec1cc8f277ad349)
## tl;dr
There has been a rise in instances of takedown of content owned by independent news media companies, citizen journalists, current affairs bloggers and satirists on the grounds of copyright violations by YouTube. These takedowns are usually a result of copyright complaints received from big media houses. This is a misuse of intellectual property law by weaponising copyrights to stifle political dissent and fair critique. We write to Google India highlighting that action taken upon such complaints is based on an incorrect application of copyright law and YouTube’s policies and, therefore, threatens press freedom and is in violation of the constitutional rights of digital media reporters and its audience.
## What motivated us to write the letter?
According to recent news [**reports**](https://thewire.in/media/newslaundrys-youtube-channel-taken-down-after-india-today-reports-copyright-violation), YouTube has frozen Newslaundry’s channel on its platform after receiving as many as 50 reports of copyright violation and take down requests from the India Today group, within a span of two weeks. As on the date of writing this blog, Newslaundry has been unable to upload any current affairs video content on its YouTube channel since September 29, 2021. These facts, at first glance, reveal an aggressive attempt to attack independent journalism.
You’ve seen several channels on YouTube that report on reporting. The debates and news that are broadcast on primetime national television shape public opinion and can bring sharp focus to a particular issue to spark national debate (think CAA/NRC protests) or even “bury” the real news by providing a sustained distraction (think Bollywood). As such, the news itself is news. And the news must be covered. Several YouTube channels discuss what is being shown on primetime news channels as a way of distracting from other issues prevailing in the country. To do this, they must show you the clips of news shows and debates that air on television. This is not a violation of copyright law in any way, shape or form. It is legitimate news reporting. And it even finds a specific exemption under Indian and US copyright laws.
## What is the bigger picture? Misuse of Copyright Law
Unfortunately, large media houses have found that social media platforms, particularly YouTube, are very quick to take down content, which has even a hint of copyrighted material. As a result, they have found that “complaint bombing” a particular video or channel that is critical of their work, prompts YouTube to actually take that video down! This time, YouTube has completely frozen Newslaundry’s channel.
But that’s not legally permissible. They’re based on an incorrect application of copyright law and [**YouTube’s policies**](https://www.youtube.com/intl/ALL_in/howyoutubeworks/policies/copyright/). This is a problem because it not only threatens the freedom of the press at large, but is also in violation of the constitutional rights of digital media reporters and its audience.
YouTube, in its copyright rules and policies, states that it abides by the standards of fair use, which it states varies from country to country and from case to case, and yet curiously [**99.99%of the content removed by Google**](https://storage.googleapis.com/transparencyreport/report-downloads/india-intermediary-guidelines_2021-4-1_2021-4-30_en_v1.pdf) relates to copyright and trademark violations.
The law on fair dealing in India has been codified under S. 52 of the [**Indian Copyright Act, 1957**](https://www.indiacode.nic.in/bitstream/123456789/1367/1/copy1957___14.pdf), which states a fair dealing with any work for the purpose of the reporting of current events and current affairs shall not constitute an infringement of copyright. The Delhi High