New Delhi, Aug 31 : The Delhi High Court has directed Telegram to reveal, in a sealed cover that contains the information of the devices and channels used for disseminating the content that is allegedly copyright-infringing and along with the numbers of mobile phones IP addresses, as well as the email addresses of the users.In rejecting Telegram’s claim that it can’t divulge user data because it would be in violation of its privacy policies as well as the law of the jurisdiction in which the physical servers of its are, the bench of Justice Prathiba M.Singh, said even under the provisions of the IT Act, such as under Section 79(3)(b), Telegram has the obligation to eliminate or block access to the illicit material, without affecting the proof in any way.
The court was deciding the case of the plaintiff Neetu Singh as well as K.D.Campus Pvt.Ltd seeking a permanent injunction to stop the infringement of copyright and damages, as well as other relief in the case of non-authorized distribution of the videos of the plaintiffs, lectures books, lectures, etc.
In the 51-page ruling which was issued on the 30th of August the court stated that Indian courts could be justified in giving directions to Telegram who manages its vast operations in India and the rest of the world, to abide by Indian laws and orders passed by them to make public disclosure of relevant information regarding violators.
It ruled that just due to the nature of Telegram’s claim that it prefers to put its servers in Singapore that the same can’t be a remedy against actual infringers.
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If this argument is accepted in this day and age where the majority of dissemination occurs via platforms and messaging services online, IP violations would go completely unchecked,” the order averred.
“The requirements of the IT Act and the Rules in it must be interpreted in a way that is compatible with the rights and remedies granted to copyright owners in the Copyright Act.Indian courts are able to decide on issues related to the infringement of copyright, and the sole fact that Telegram operates an online messaging service in India that decides not to establish its servers in India is not a way to bar Indian courts from dealing with copyright disputes or bar copyright owners of their rights in Indian court.
“In the current era of cloud computing, and the diminishing national boundaries in storage of data, conventional notions of territoriality can’t be used in a strict way.The constant change of law is crucial to ensure that appropriate remedies are available in cases of violations of copyright laws and other IP laws,” the order read.
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