Delhi High Court Orders Telegram Messenger To Disclose Identity Of Users Sharing Dainik Jagran's ePaper
The Delhi High Court has directed the instant messaging app Telegram to comply with a 2020 order directing it to disclose the basic subscriber information of the users who unauthorisedly upload and share ePaper of Dainik Jagran newspaper in PDF in their channels.
Justice Navin Chawla took note of the submission that the issue regarding disclosure of identity of users by Telegram is no longer res integra and has been settled by a co-ordinate bench in Neetu Singh and Another v. Telegram FZ LLC and Others.
"In view of the above, the defendant no.1 shall comply with the direction issued by this Court vide order dated 29.05.2020 within a period of three weeks from today. The information may be disclosed by the defendant no. 1 in a sealed cover," Justice Chawla said in the order dated November 23.
The court said on perusing the information, it will consider if any further directions are required to be passed on the next date of hearing. The matter will be heard next on March 27, 2023
Jagran Prakashan Limited, the media group which owns the Hindi newspaper Dainik Jagran, in 2020 filed a suit submitting that its ePaper, which can be accessed only after subscription, was being made available for free in PDF on various channels on Telegram. It argued that Telegram cannot escape from its liability on the ground that it is an intermediary, and must pull down the channels.
Justice Mukta Gupta on May 29 in 2020 ordered Telegram to disclose the identity of the users or owners of channels impleaded by the media group in its suit. In December 2020, Jagran Prakashan filed an application stating that Telegram has not complied with the direction.
In November 2021, Telegram told the court that the channels have been taken down but it "has certain issues qua directions" for disclosing the basic subscriber information/identity of the users/owners of the channels. The messaging app said neither the rules allow the same nor they have the requisite information.
On Wednesday, the court was informed about the judgement delivered by Justice Prathiba M Singh on August 30. Justice Singh in Neetu Singh ruled that "...in the opinion of this Court, merely because Telegram chooses to locate its server in Singapore, the same cannot result in the Plaintiffs' - who are copyright owners of course materials - being left completely remediless against the actual infringers, especially in order to claim damages and avail of other legal remedies in accordance with law".
Title: Jagran Prakashan Limited vs Telegram FZ LLC & Ors
Citation: 2022 LiveLaw (Del) 1118
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