Tag: Karnataka High Court

  • Karnataka court tells X it must bow to Indian content rules

    Karnataka court tells X it must bow to Indian content rules

    BENGALURU: X has lost its battle against India’s content regulators. The Karnataka high court today rejected a petition by Elon Musk’s social-media company challenging the government’s authority to issue information-blocking orders.

    “Social media needs to be regulated, and its regulation is a must, more so in cases of offences against women,” declared justice M. Nagaprasanna. The court warned that without proper oversight, citizens’ constitutional right to dignity would be “railroaded.”

    X, formerly Twitter, had argued that only specific provisions of the Information Technology Act gave officials the power to block content. The company wanted a declaration that section 79(3)(b) of the 2000 act did not empower government officers to issue such orders. Instead, it claimed only section 69A, combined with 2009 blocking rules, provided the proper legal framework.

    The platform also sought to avoid joining the government’s Sahyog portal, a compliance mechanism for social-media companies.

    After months of hearings that concluded in late July, justice Nagaprasanna delivered a stinging rebuke to X’s American-style free-speech arguments. “Information and communication has never been left unchecked and unregulated,” he noted. “American judicial thought cannot be transplanted into the soil of Indian constitutional thought.”

    The Centre had opposed X’s petition, arguing that unlawful content deserved less constitutional protection than legitimate speech. The ruling reinforces India’s increasingly assertive approach to regulating global tech platforms, requiring them to comply with local content standards regardless of their corporate preferences.

    The decision comes as India tightens its grip on social media, with companies facing mounting pressure to remove content deemed harmful to public order or national security.

  • Lights, camera, pause! Karnataka high court halts penalty on PVR over ad drama

    Lights, camera, pause! Karnataka high court halts penalty on PVR over ad drama

    MUMBAI: In a twist worthy of a courtroom thriller, the Karnataka high court has put the brakes on a Rs one lakh penalty slapped on PVR Cinemas and PVR Inox Ltd for their allegedly marathon-length advertisements. The cinema giants were ordered to deposit the sum with the consumer welfare fund, alongside compensation to a miffed moviegoer.

    The plot thickened when justice M Nagaprasanna granted a stay order until 27 March, responding to a petition by the Multiplex Association of India and its stakeholder Shantanu Pai. Legal heavyweights Mukul Rohatgi and Uday Holla stepped into the spotlight to argue their case.

    The original drama kicked off when Abhishek MR settled in to watch Sam Bahadur on 6 January 2024. What should have been a tidy 2 hours and 25 minutes turned into an extended sitting, as he endured what he called an “unnecessary” 25-minute pre-show advertisement marathon.

    The Bengaluru Urban District Consumer Commission, playing hero to the movie-going masses, ordered PVR to compensate Abhishek for mental agony and legal costs. The commission went full director’s cut, attempting to dictate how cinema halls should run their shows and banned advertisements altogether.

    The petitioners argued that the consumer forum had overstepped its mark by treating a personal grievance like a public interest litigation.

    The high court, giving the consumer forum’s ruling two thumbs down, noted that their directions appeared to be “without jurisdiction.”

    While the state government suggested an appeal to the state consumer forum, justice Nagaprasanna wasn’t about to let legal technicalities steal the show, invoking Article 226 of the Constitution.

    For now, it seems the credits haven’t quite rolled on this legal blockbuster. The next hearing is scheduled for 27 March  where the future of pre-show adverts hangs in the balance. As they say in the business: to be continued…

  • Karnataka HC order will pave way for progressive policy on online gaming: Industry

    Karnataka HC order will pave way for progressive policy on online gaming: Industry

    Mumbai: The Karnataka high court on Monday struck down the amendments to the Karnataka Police Amendment Act in 2021 that prohibited certain online gaming activities in the state.

    The judgement comes as a relief for online fantasy sports and online gaming companies such as Dream11, Mobile Premier League, Games24X7 and Ace2Three who had suspended operations in the state after the ban came into effect on 5 October last year.

    In October, the state government had prohibited and criminalised playing of games of skill including online games by risking money or otherwise by amending the Karnataka Police Act, 1963.

    The provision was challenged by Skill-gaming industry body All India Gaming Federation, fantasy sports industry body Federation of Indian Fantasy Sports and real money gaming firms such as Mobile Premier League, Games24X7, A23, Junglee Games, Gameskraft and Pacific Games who moved the high court against the law.

    The high court on 22 December reserved its judgement in the case after concluding the hearings from a series of petitioners that included industry associations, gaming companies and individuals who had challenged the constitutional validity of the state’s new online gambling law that came into effect on 5 October.

    On Monday, the division bench comprising chief justice Ritu Raj Awasthi and justice Krishna S Dixit declared certain provisions of the Karnataka Act number 28/2021, to the extent the provisions pertaining to regulate online gaming activities, “to be ultra vires to the Constitution of India.”

    All India Gaming Federation CEO Roland Landers welcomed the judgment that comes in succession of the positive judgements for online skill gaming by the Kerala and Madras HC in 2021. “With the FM’s announcement of AVGC task force that will give a major boost to the game development sector, we look forward to bringing in massive employment, through direct and indirect jobs and becoming a meaningful contributor,” he said.

    Games24X7 vice president corporate and regulatory affairs Dinker Vashisht, said he hopes that these judgements nudge state governments to frame progressive policy and regulatory structure for this sunrise sector.

    Witzeal founder and CEO Ankur Singh too welcomed the order enabling the industry to resume business in Karnataka and provide gaming platform to users. “This move is in line with the initiatives proposed by the FM in the Union budget to set up an AVGC task force and will further help in giving a much-needed push to gaming companies and developers,” he added.

    “I am sure all state governments will also support the industry to realise its true potential, both for employment opportunities and revenue generation which can also be a big contributor to the GDP,” said Baazi Games co-founder and COO Puneet Singh. “This will also boost the investor sentiment towards the segment.”

    PlayerzPot co-founder Mitesh Gangar said it will pave the way for all brands to start its operations in Karnataka. “The state contributed to a sizable chunk of user base and revenue for us and this ban uplift will allow our users to come back to skill-based gaming,” he added.

    India is the fifth largest online gaming market globally with 80 million skill-based gamers in 2020 which is expected to grow to 150 million by 2023 according to an EY-All India Gaming Federation report. The sector is expected to generate revenues in excess of $3 billion by 2025.

  • SC grants relief to MS Dhoni in case over portrayal as Lord Vishnu

    SC grants relief to MS Dhoni in case over portrayal as Lord Vishnu

    NEW DELHI: Ace cricketer M S Dhoni got a stay from the Supreme Court on criminal proceedings initiated against him for hurting religious sentiments for being portrayed as Lord Vishnu in a magazine cover. 

     

    The apex court bunched his petition with plea of TV Today group head Aroon Purie who had also moved the court in the same case. The court had earlier stayed proceeding against Purie also. He was named in complaint for being editor-in-chief of Business Today, which published Dhoni’s photo. 

     

    The Special Leave Petition was against an order of the Karnataka High Court, which had refused to quash the criminal proceedings pending against him before a trial court in Bengaluru that was slated for today.

     

    The cricketer pleaded that the complaint filed against him was frivolous and the criminal proceedings needed to be quashed as it was filed just to harass him in the case.

     

    The High Court had said, “A celebrity and a cricketer like Dhoni should know the consequences of hurting religious sentiments of people. He should have known the consequences of doing such ads. These celebrities are signing ads without any responsibility. Their aim is to earn easy money without considering the problems it may create.”

     

    The complaint, filed by social activist Jayakumar Hiremath, had alleged that Dhoni was seen on the cover of a business magazine as Lord Vishnu, holding several things, including a shoe in his hands.

     

    Taking cognisance of the complaint filed by Hiremath, the Additional Chief Metropolitan Magistrate had registered a case against Dhoni under section 295 (injuring or defiling place of worship with intent to insult the religion of any class) along with 34 of the IPC.

     

    Dhoni had moved the High Court when summons were issued by the Magistrate to appear before him.

  • IBF petition to prevent any delay of digitisation expected to be heard on Thursday

    IBF petition to prevent any delay of digitisation expected to be heard on Thursday

    New Delhi: The Supreme Court is expected to hear on 25 April a petition by the Indian Broadcasting Foundation seeking to ensure that digitisation is implemented as scheduled and without hindrance.

    The case had been listed for today, but could not be heard because of pending business. The Court is closed tomorrow because of Mahavir Jayanti.

    When the special leave petition had been mentioned before the Court on 16 April, it had declined the prayer for a stay on any of the proceedings in the various High Courts, as it was informed that the Karnataka High Court judgment on the subject was due. The bench presided over by Chief Justice Altamas Kabir therefore felt it would await the judgment of the High Court before taking up the matter.

    The Karnataka and Gujarat High Courts have since dismissed as having no merit to the petitions seeking extension of the switch-off dates for Phase II of digitisation in Bengaluru, Mysore, Ahmadabad, Rajkot, Surat and Vadodara.

    Petitions challenging digitisation are currently pending in the Madras, Andhra Pradesh and Madhya Pradesh High Courts. These will affect the cities of Chennai, Hyderabad, Visakhapatnam Bhopal, Indore, and Jabalpur.