The Uttarakhand High Court recently dismissed a plea filed by a YouTuber seeking the reinstatement of her suspended account, which had been deactivated due to alleged copyright violations. The case, Swati Alias Smriti Negi v. Union Of India & Others, was presided over by Justice Manoj Kumar Tiwari, who clarified that Article 226 of the Indian Constitution cannot be used to resolve contractual disputes or claims arising from agreements.
Justice Tiwari emphasized that since the YouTuber’s grievance stemmed from her contractual relationship with the platform, a writ petition was not the appropriate legal avenue. He stated, “For resolving the dispute raised in the writ petition, other remedies are available to the petitioner. Public law remedy under Article 226 is certainly not a remedy available for resolving such dispute. Writ petition is, accordingly, disposed of with liberty to petitioner to avail such remedy, as is available to her under law.”
The petitioner, Swati alias Smriti Negi, sought the court’s intervention to restore her YouTube channel, which was removed following three copyright strikes. Her legal representative argued that the suspension occurred without prior notice or an opportunity for the petitioner to present her case. However, the court observed that the relief being sought could not be granted within the framework of a writ petition.
Justice Tiwari noted, “It is not in dispute that petitioner entered into an agreement with YouTube with certain terms and conditions. If YouTube finds that any one or more terms and conditions, settled between the parties, has been violated, then the account of the petitioner can be deleted.” Despite the petitioner’s assertion that no terms or conditions had been breached, the court advised pursuing alternative legal remedies.
The petitioner was represented by Advocate Shubhr Rastogi, while Central Government Standing Counsel Saurabh Adhikari represented the Union government, and Standing Counsel Suyash Pant appeared for the state. The court’s decision underscores the need for individuals to seek appropriate legal channels when dealing with contractual disputes of this nature.
