'Can't claim protection under right to privacy'; Delhi HC orders Telegram to reveal user information

New Delhi: The Delhi High Court has ordered the messaging app Telegram to disclose in a sealed cover the details of the channels and devices used to distribute allegedly infringing content, along with the mobile numbers, IP addresses, and email ids of such users. The Delhi High Court has rejected Telegram's argument that it cannot disclose user information because that would violate its privacy policy and the laws of the jurisdiction where its physical servers are located.

In a ruling, Justice Pratibha M. Singh stated that the grounds of protection of privacy or protection of freedom of speech and expression cannot be used to shield the disclosure, based on a court order, of the information regarding the channel operators who are disseminating materials that violate copyrighted works, or the devices and other gadgets used, Indian Express reported.

"The origin and source of the infringing material have to be traced and such devices or persons involved in the infringement ought to face consequences in accordance with the law, including being held liable for damages. That would not be possible if the source of such infringing copies, i.e., the details of the infringing channels are not disclosed," said the court in an August 30 ruling made public on Wednesday.

The decision was made in response to a lawsuit brought by K D Campus Private Limited and their instructor Neetu Singh, who claimed that study materials created by them for various competitive exams were being distributed illegally through different Telegram channels. The court stated that after obtaining the information requested by Telegram, it will think about issuing additional instructions.

Justice Singh ruled that the copyright holders in India cannot be left helpless just because Telegram chose to locate its server in Singapore. The courts in India would have every right to require Telegram, which has sizable operations there, to abide by Indian law and follow court orders requiring the disclosure of pertinent information about infringers, the court continued.

"Infringers cannot be permitted to seek shelter under Telegram's policies merely on the ground that its physical server is in Singapore," said Justice Singh, noting that even Singapore's Personal Data Protection Act recognises legal violations and makes an exception for privacy.

According to the court, the revelation of personal information for any proceedings involving copyright infringement would be a recognised exception to data privacy under Singaporean law. The court disagreed with Telegram's additional contention that, as an intermediary, it is not compelled to reveal the identity of the information's source and said that just shutting down the channel is insufficient as a remedy.

"The channels are clearly 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," said the bench, adding that infringements would have to be stopped in their tracks and courts could not continuously monitor the issue.

The court additionally stated that traditional notions of territoriality cannot be rigidly enforced in the modern era of cloud computing and eroding national boundaries in data storage.

The court stated that if the copyright protection is not updated in accordance with the changing times, it would have a chilling effect on the progressive initiatives taken by the educators. The court noted that teachers and the education system as a whole took the great initiative during the Covid-19 pandemic to ensure access to education materials through online modes.

The plaintiffs had argued in court that even though Telegram has removed the channels that were spreading the illegal content, new ones kept popping up every day. On July 28, 2020, the court issued an inter-order regarding the lawsuit. The order failed to stop the unlawful broadcast, so the plaintiffs filed an application to get information about the individual running those channels disclosed.

Telegram has maintained that in accordance with its privacy policy, the disclosure of subscriber information cannot be given unless and until a person is confirmed to be a terror suspect. "Telegram has its servers based in Singapore which has encrypted data. Accordingly, decryption of that data would not be permissible except as per the laws of Singapore," its counsel had further argued.