High Delhi Court went down a lot on instant messaging platform Telegram for not disclosing information on the grounds that its server is located at Singapore. In the 51-page order dated August 30, the court said that the Indian courts would be fully justified in directing Telegram, which operates its large operations in India, to comply with Indian law and orders passed by them regarding the disclosure of information regarding violators. .
Telegram argues that they cannot release user information because that would violate their privacy policy and the laws of the jurisdiction where their physical servers are located. Denying this claim, a bench of Justice Prathiba M Singh, states that even under the provisions of the IT Act, such as under Section 79(3)(b), Telegram has a duty to promptly remove or disable access to illegal material without evidence violation of any kind. “In view of this law regarding copyright, compliance with local law, i.e., PDPA (Personal Data Protection Act). the laws of Singapore,” it said.
“Competent Indian Court”
“The Indian courts have jurisdiction to decide on matters related to piracy and the fact that Telegram is operating a messaging service in India. use their remedies in the Indian courts. Degree, “command with content.
The order adds, “In the current age of cloud computing and increasingly reduced national borders in data storage, conventional concepts of territory cannot be rigorously applied. Developments Activity of the law is essential to ensure appropriate remedies in the event of infringement of copyright and other IPR rights.
The court is dealing with plaintiff Neetu Singh and KD Campus Pvt. Ltd is seeking a permanent injunction restricting copyright infringement, damages and other relief measures related to the unauthorized dissemination of the plaintiff’s videos, lectures, books, etc. The court ordered Telegram to disclose channel details and device used. disseminating the allegedly pirated content, along with the cell phone numbers, IP addresses, and email ids of those users.
Telegram argues that they cannot release user information because that would violate their privacy policy and the laws of the jurisdiction where their physical servers are located. Denying this claim, a bench of Justice Prathiba M Singh, states that even under the provisions of the IT Act, such as under Section 79(3)(b), Telegram has a duty to promptly remove or disable access to illegal material without evidence violation of any kind. “In view of this law regarding copyright, compliance with local law, i.e., PDPA (Personal Data Protection Act). the laws of Singapore,” it said.
“Competent Indian Court”
“The Indian courts have jurisdiction to decide on matters related to piracy and the fact that Telegram is operating a messaging service in India. use their remedies in the Indian courts. Degree, “command with content.
The order adds, “In the current age of cloud computing and increasingly reduced national borders in data storage, conventional concepts of territory cannot be rigorously applied. Developments Activity of the law is essential to ensure appropriate remedies in the event of infringement of copyright and other IPR rights.
The court is dealing with plaintiff Neetu Singh and KD Campus Pvt. Ltd is seeking a permanent injunction restricting copyright infringement, damages and other relief measures related to the unauthorized dissemination of the plaintiff’s videos, lectures, books, etc. The court ordered Telegram to disclose channel details and device used. disseminating the allegedly pirated content, along with the cell phone numbers, IP addresses, and email ids of those users.
