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Synopsis

The Delhi High Court has ordered Telegram to disclose details of the channels and devices used to disseminate content that allegedly infringed copyright, as well as the mobile numbers, IP addresses, and email IDs of the users involved, in a sealed cover.

While rejecting Telegram’s argument that disclosing details would violate its privacy policy and the laws of the jurisdiction where its physical servers are located, Justice Pratibha M. Singh stated that the disclosure of details of channel operators who are disseminating material that infringes copyright, or of the devices and other gadgets used for the same, based on a court order, could not be shielded under the grounds of privacy protection or freedom of speech and expression.

Justice Singh further stated that the origin and source of the infringing material must be traced, and such devices or persons involved in the infringement must face legal consequences, including liability for damages and that would be impossible if the source of such infringing copies, i.e. the details of the infringing channels, were not made public.

The court was hearing a complaint filed by Neetu Singh, a teacher and K.D Campus Private Limited, alleging that the study material prepared by them for various competitive examinations were being distributed without their permission via various Telegram channels. The Counsel for the petitioner submitted that the identity of the users disseminating the infringing materials on the channels 'ought to be disclosed'. While the Counsel for Telegram argued that the interim arrangement to take down the impugned channels was a sufficient step, and under its privacy policies, user information could not be disclosed unless a person was declared a terror suspect and that Telegram has encrypted data on its servers in Singapore. Thus, decryption of that data would be prohibited unless permitted by Singapore law.

Court was of the opinion that the Infringers cannot be permitted to seek refuge under Telegram's policies solely because its physical server is in Singapore and added that Singapore's Personal Data Protection Act makes an exception to privacy and recognizes law violations.

Court further stated that, "the disclosure of personal data for any proceedings related to the infringement of copyright would be a recognized exception to data privacy under Singapore law”.

The bench stated that "the channels are hydra-headed and are surfacing one after the other owing to the ease with which they can be created, with just another mobile number or email address", and the infringement must be stopped before it spreads, or the High Court will be forced to issue injunctions against mushrooming channels containing infringing content.

Court also stated that the traditional concepts of territoriality could not be strictly applied in the age of cloud computing and shrinking national boundaries in data storage.

Noting that during the COVID-19 pandemic, teachers and the education system as a whole took great strides to ensure that students had access to educational materials via online modes such as videos, PDF documents, etc., and “if copyright protection does not evolve with the times, it will have a chilling effect on educators' progressive initiatives in sharing their materials and ensuring accessibility”, the court stated.

Conclusively, Court observed the fact that only because Telegram chose to locate its server in Singapore, cannot be a reason for copyright holders in India to be left without a remedy for infringement. And that the courts in India would be perfectly justified in ordering Telegram to comply with Indian law and orders, issued by Indian courts for the disclosure of relevant information relating to those who infringe a copyright.

The Bench added, “Telegram operates a messaging service in India, but its refusal to locate its servers in India does not exempt Indian courts from dealing with copyright disputes or prevent copyright owners from seeking remedies in Indian courts. The dynamic evolution of law is required to ensure appropriate remedies in cases of infringement of copyright and other intellectual property laws.”

Accordingly, the Court directed Telegram to disclose details of the channels/devices used in disseminating the infringing content, such as mobile numbers, IP addresses, email addresses, etc., used to upload and communicate the infringing material, as per the list of channels filed with the current application, within two weeks.

And further added, that if there is a new list of infringing channels, it must be submitted to Telegram within one week, and all the information shall be filed in a sealed cover.

Case Title: Neetu Singh & Anr. v. Telegram FZ LLC & Ors.