WORKING ON PROTECTION OF DATA, CENTRE TELLS TOP COURT
Based on proof of notice being served through WhatsApp and email, the Bombay high court on March 23 had granted stay to the release and airing of Kannada movie Pushpaka Vimana that, the applicants claimed, violated their copyrights.
The HC accepted the contentions of the applicants that the opponents had evaded service of notice through hand delivery and courier and hence they were sent the same through WhatsApp and email. The court said that as the respondents knew of the case through WhatsApp, it was sufficient for the case to progress. However, court officials clarified that the same could not be construed as a ‘summons’ and it had to be served in the designated format.
When The Asian Age contacted HC officials for clarity whether it had accepted WhatsApp or email as legitimate method of serving notice or summons an official refuted it and said, “The order has been misinterpreted and the court is not advocating serving of notice through social media. Serving of summons has to be done via established procedure.”
While hearing a notice of motion in a suit filed by a Kross Television India Pvt Ltd against Vikhyat Chitra Production, Justice G.S. Patel was informed by Dr Birendra Saraf, the counsel for Kross that they had tried to serve notice of the suit and the motion to Vikhyat but they had evaded accepting the notice either through The SC on Thursday said it will formulate on May 15 the questions of law on WhatsApp privacy issues to be adjudicated and, in the meanwhile, asked the parties to submit their brief propositions.
courier or hand delivery.
Hence, his clients had found the address and contact number of the producer Vikhyat and sent him a message through whatsapp, which was accepted by him. They managed to inform Vikhyat about the suit and the notice of motion via whatsapp and email. They also sent a copy of the pliant but Vikhyat and others
A five-judge bench told the counsel that after formulation of the questions, the court will fix the dates for hearing during the summer vacation. The bench was hearing petitions which said that privacy of citizens has been infringed by WhatsApp and Facebook.
still failed to be present in court.
After the submissions by Dr Saraf, Justice Patel granted a stay on release aof the film. Justice Patel said, “It can’t be that our rules and procedure are either so ancient or so rigid (or both) that without some antiquated formal service mode a party cannot be said to have been ‘properly’ served.”