Facebook to reactivate resident’s account
Neha Sharma | TNN | Updated: Dec 9, 2018, 12:22 IST
It was assured that the petitioner would not upload any content that would infringe the BCCI contentCHANDIGARH: The Chandigarh district court organized lok adalat here on Saturday. The lok adalat directed Facebook.inc (FB) to reactivate the page of a resident of Sector 49, Chandigarh, whose account was deactivated after she uploaded a video, showing her watching a live cricket match being telecasted on the TV, on her Facebook account.
The lok adalat has also directed the BCCI to give its consent and NOC to Facebook to reactivate the petitioner’s Facebook page and her account.
The matter was being heard at the court of Civil Judge Brijinder Pal and on the last date of hearing, the BCCI assured of sending an NOC to the Facebook to reactivate her account, following which the matter was withdrawn by the petitioner. The matter was first highlighted by TOI in July.
During the last hearing in the case, petitioner Monika Shail recorded her statement assuring that she would not upload any content that would infringe the content of the BCCI.
The petitioner's advocate Rajesh Sharma stated that Monika would not infringe the content of the BCCI and it was stated that since the complainant had assured this, the BCCI should give NOC to Facebook to reactivate her account as earlier, on a complaint from the BCCI, Facebook had deactivated her account.
It is to be noted that a Chandigarh resident had approached the district court pleading it to direct the Facebook to reactivate her Facebook page and other attached business pages in infringement of the intellectual property rights case involving the Board of Control for Cricket in India (BCCI).
Monika Shail claimed to be an ardent cricket fan and got into trouble after she uploaded a video on her Facebook page, showing her watching a live cricket match being telecasted on the TV, following which she received notices from the BCCI and her Facebook account was deactivated.
She moved court stating that she held a Facebook account in the name of “Monika Shail” and a business page in the name of “M S Visa Experts”. She stated that she had been managing her business through her Facebook business page.
It was further stated that she has over 400 friends and around 8,500 followers on Facebook and about 1,500 to 1,600 followers on her business page. It was argued that disabling her Facebook account and her business pages resulted into loss, reputation and business of the petitioner. As per the petition, on December 14, 2017, at 1.29am, Monika uploaded a video on her Facebook account showing her watching a live cricket match being telecasted on the TV.
On December 16, 2017, she received an email from the Facebook stating that it had removed her account. It was also stated that the Facebook had received a notice from the BCCI stating that the content uploaded by her infringed the copy right(s) of the BCCI. The Facebook notice further stated that if Monika resolved the dispute with the BCCI, only then will her reported content or Facebook page would be restored.
On December 20, 2017, the petitioner replied to the BCCI that she had deleted the video and justified that she had posted the video because she was happy to see herself in a live telecast.
She also requested the BCCI to help her in getting her account activated and further offered apology for not repeating this in the future. It was also argued that she had not violated or infringed any copyright as the video clip was of only 10 seconds duration.
The lok adalat has also directed the BCCI to give its consent and NOC to Facebook to reactivate the petitioner’s Facebook page and her account.
The matter was being heard at the court of Civil Judge Brijinder Pal and on the last date of hearing, the BCCI assured of sending an NOC to the Facebook to reactivate her account, following which the matter was withdrawn by the petitioner. The matter was first highlighted by TOI in July.
During the last hearing in the case, petitioner Monika Shail recorded her statement assuring that she would not upload any content that would infringe the content of the BCCI.
The petitioner's advocate Rajesh Sharma stated that Monika would not infringe the content of the BCCI and it was stated that since the complainant had assured this, the BCCI should give NOC to Facebook to reactivate her account as earlier, on a complaint from the BCCI, Facebook had deactivated her account.
It is to be noted that a Chandigarh resident had approached the district court pleading it to direct the Facebook to reactivate her Facebook page and other attached business pages in infringement of the intellectual property rights case involving the Board of Control for Cricket in India (BCCI).
Monika Shail claimed to be an ardent cricket fan and got into trouble after she uploaded a video on her Facebook page, showing her watching a live cricket match being telecasted on the TV, following which she received notices from the BCCI and her Facebook account was deactivated.
She moved court stating that she held a Facebook account in the name of “Monika Shail” and a business page in the name of “M S Visa Experts”. She stated that she had been managing her business through her Facebook business page.
It was further stated that she has over 400 friends and around 8,500 followers on Facebook and about 1,500 to 1,600 followers on her business page. It was argued that disabling her Facebook account and her business pages resulted into loss, reputation and business of the petitioner. As per the petition, on December 14, 2017, at 1.29am, Monika uploaded a video on her Facebook account showing her watching a live cricket match being telecasted on the TV.
On December 16, 2017, she received an email from the Facebook stating that it had removed her account. It was also stated that the Facebook had received a notice from the BCCI stating that the content uploaded by her infringed the copy right(s) of the BCCI. The Facebook notice further stated that if Monika resolved the dispute with the BCCI, only then will her reported content or Facebook page would be restored.
On December 20, 2017, the petitioner replied to the BCCI that she had deleted the video and justified that she had posted the video because she was happy to see herself in a live telecast.
She also requested the BCCI to help her in getting her account activated and further offered apology for not repeating this in the future. It was also argued that she had not violated or infringed any copyright as the video clip was of only 10 seconds duration.
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