NEW DELHI: The Delhi HC has ordered secure messaging platform Telegram to disclose details of users who circulated certain content in violation of copyright law, underlining that defence of free speech and the right to privacy cannot be used to escape the consequences of illegal actions.
Justice Prathiba M Singh, while dealing with a lawsuit by a coaching centre and its owner against the "illegal" sharing of its teaching material on various channels on Telegram under "masked" identities, said the app's reliance on laws of privacy and right to freedom of speech and expression was "completely inapposite in these facts and circumstances".
The HC said unless the identity of the operators of the infringing channels is disclosed, the plaintiffs would be unable to recover damages for copyright violations.
In response to Telegram's submission that it is an intermediary under the IT Act and not liable to disclose details of the originator of the information, the HC said mere disabling or taking down of channels was an "insufficient remedy" as these channels (within Telegram) were "clearly hydra-headed" and surfacing one after the other owing to the ease with which they can be created".
The HC asked Telegram to disclose details of the channels/devices used in disseminating the content, mobile numbers, IP addresses, email addresses, etc. within two weeks in a sealed cover.