A High Court ruling in Delhi this week said Telegram must divulge information such as IP addresses, mobile phone numbers and devices used by channels on the platform involved in copyright infringement.
A copy of the ruling is available on Indian legal news blog Livelaw [PDF]with Judge Prathiba Maninder Singh saying she is not convinced the situation of Telegram servers in Singapore or their status as intermediaries is relevant.
The case, Neetu Singh & Anr. v. Telegram FZ LLC & Orswas set up by petitioner Neetu Singh who has written and sold exam manuals and videos on various subjects.
According to the filing, Singh asked Telegram to shut down the offending channels, which it did, but offending channels continued to surface “almost daily”.
The verdict was:
Speaking on behalf of Telegram, the platform’s Senior Counsel, Amit Sibal, said that the pre-existing agreement to order Telegram to shut down the offending channels was “sufficient to protect the interests of the plaintiffs”.
According to the filing, Telegram also said that as an “intermediary” under India’s IT Law, it only has to remove the infringing content when notified and is not liable for any third-party information circulated on its platform. It also claimed that the act of “unauthorized disclosure” of subscriber information would be a breach of contract and a criminal offense Indian IT law.
Citing Clause 8.3, Sibal noted: “If Telegram receives a court order confirming that you are a terror suspect, we may disclose your IP address and phone number to the appropriate authorities. So far this has never happened.”
Telegram also noted that the encrypted data is located at a data center in Singapore regarding the details the court wants to disclose, with the platform stating that they do not decrypt the data in accordance with Singapore’s Personal Data Protection Act 2012 could.
However, the judge ruled that “just because the people distributing the copyrighted works use the Telegram app and said app stores its data outside of India on Telegram servers, the jurisdiction of that court cannot be evaded ‘ because, among other things, the infringement ‘is blatantly continuing within India’, the copyrighted material belongs to an India-based rights holder, and the ‘likelihood’ that the individuals behind the infringing channels and data uploads are all in India occur .
She went on to order Telegram to disclose the details of accounts/channels that uploaded the plaintiff’s infringing material “in a sealed envelope” within two weeks.
We reached out to Telegram for comment.
That Added a paid tier to messaging platform in June after surpassing 700 million monthly active users. It benefited from a huge influx of users who wanted to get off the WhatsApp ship afterwards Facebook bought it for $16 billion in 2014, and people began to worry about what Meta and its related sub-companies would do with all the information they had about them.
That is, some WhatsApp status in Registration number A good eight years later, the message is still circulating in writer circles: “Hello, I’m now with Signal/Telegram and will soon be deleting my WhatsApp account”, probably due to pressure from aunts in the family WhatsApp groups. It’s not easy being green. ®
https://www.theregister.com/2022/09/02/telegram_court_ip/ Telegram Must Submit Information on IP Violators • The Registry