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Delhi High Court orders YouTube to remove PewDiePie “diss tracks” on T-Series

The Delhi High Court has ordered YouTube to “remove and disable access to" the two videos published by Swedish YouTuber Felix Arvid Ulf Kjellberg, also known as 'PewDiePie', from its platform, reports Bar and Bench. A single judge bench of the Delhi HC on Monday held in favour of T-Series owner, Super Cassettes Pvt. Ltd. It granted an injunction against YouTube under Order 39 Rules 1 and 2 of the Civil Procedure Code. T-Series had filed an application with the Delhi HC seeking an injunction from "uploading, communicating or making available" the videos in question, namely “T-Series Diss Track/ Bitch Lasagna” and “Congratulations”. T-Series contended that the PewDiePie is uploading defamatory and disparaging music videos targeting the private music label, as well as the Indian community, to regain its top position on YouTube. It further contends that the impugned videos contain “racist, inflammatory and hateful remarks against them as well as T-Series in a bid to ridicule and disparage the plaintiff and its trademark”. The order was granted in the absence of a representative of YouTube present in the Court's hearing, also known as an ex-parte injunction. The basis of the Court to pass the order in favour of T-Series despite this: Order 39 of the Civil Procedure Code provides for a temporary injunction that can be granted even “ex parte”. The following are principles for the consideration by the Court while granting temporary injunction: 1) The Court must be satisfied that the applicant has made out a prima facie…

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