Delhi HC orders Telegram to disclose details of channels violating copyrights; Read details | Technology News

New Delhi: The Delhi High Court said the defense of freedom of expression and the right to privacy cannot be used by any entity, including the infringer, to escape the consequences of illegal actions. This remark was made by the Supreme Court as it directed messaging platform Telegram to disclose in a sealed envelope details of channels, including their mobile phone numbers and IP addresses, and post certain content that violates copyright law.

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Judge Prathiba M Singh, while dealing with a lawsuit by a training center and its owner against the “unlawful” sharing of its educational materials on various channels on the platform under “disguised” identities, stated that Telegram’s reliance on privacy laws and the right to freedom of expression and expression is “completely inappropriate.” Under these facts and circumstances. The judge said that unless the identity of the operators of the offending channels is revealed, the plaintiffs will be without compensation to recover the damages.

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“Telegram has relied on privacy protection laws under Article 21 of the Constitution and Article 19(1)(a) of the Constitution, which protect the right to freedom of speech and expression. The same is not entirely consistent with these facts and circumstances.

The Supreme Court said in its ruling of August 30.

In response to Telegram’s submission of being a mediator under the Information Technology (IT) Act and therefore obligated not to disclose information creator details, the Supreme Court held that simply disabling or shutting down channels was an “insufficient remedy” because these channels were “obviously hydride-headed” and were floating one by one because of the ease with which they can be created.”

It added that the provisions of the IT Act and the Rules should be interpreted in harmony with the rights and remedies provided to copyright holders under copyright law and even IT Guidelines, in any way, do not nullify Telegram’s duty as a platform to take all effective steps required to protect intellectual property rights.

Judge Singh also explained that “merely because Telegram has chosen to locate its server in Singapore, copyright holders cannot be left completely without any compensation against actual infringers in law.

“Unless the identities of the operators of these channels – who are ostensibly infringers of the plaintiffs’ copyright – are revealed, the plaintiffs are left without a remedy for recovering damages. The ‘removal’ or ban orders are merely symbolic compensation for during the inter-throne period and without monetary compensation for Damages, coupled with the proliferation of infringing platforms, may greatly negate the spirit of the copyright owner in creating and writing.”

“The Supreme Court recognizes that if a law exists to justify disclosure of information and disclosure is required having regard to the nature of the infringement of the right, privacy cannot be a basis for justifying non-disclosure, as long as the same is not disproportionate,” the judge said.

The Supreme Court has asserted that if copyright protection does not evolve in accordance with changing times, it will have a chilling effect on progressive initiatives that educators take in sharing and ensuring accessibility of their material. strictly regional.

“In the facts and circumstances of the present case, Telegram-Defendant No.1 is directed to disclose and report details of the channels/devices used to post the offending content, mobile phone numbers, IP addresses, email addresses, etc., used to download and report the infringing material, according to For the list of channels filed with the current application, “If there is any other list of offending channels, it is also sent to Telegram within one week. Data relating to the breach Channels and details about the devices/servers/networks on which they are created, their creators and operators including any phone numbers, IP addresses and email addresses used for this purpose must be disclosed by Telegram within two weeks thereafter at which point the information mentioned in the cover must be provided sealed by the court.

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