Intermediaries Operating outside India can be directed to disclose the identities of the Copyright Infringers
The Delhi High court in the case of “Neetu Singh & Anr. v. Telegram FZ LLC & Ors. [CS (Comm) 282 of 2020, decided on 30th August, 2022]”, held that courts in India will have jurisdiction to direct intermediaries to disclose details about copyright infringement claims which have arisen in India despite the servers holding data of intermediary located outside India.
The suit was filed by Neetu singh (plaintiff), claiming that her copyrighted works including the online lectures, books, publications, etc were being uploaded unauthorisedly through several channels on Telegram, a social media intermediary which enables interaction between two or more users. Telegram was directed to take down all the impugned channels in an ad-interim order 23 September 2020. The plaintiff filed an application seeking to disclose the identities of people who are disseminating the infringing materials on these channels.
The main issue held before the court was whether the intermediary having data base abroad but operating in India can be directed to disclose the identity of the person who is infringing copyrights in India. The court rejected the Telegram contention that it cannot share the data relating to the creators or users of the channels, as the said data is stored in its data servers in Singapore and the law there prohibits such disclosure.
The court held that the Copyright Act, 1970 provides for the person to file for copyright infringement at a place where the person resides or owns a business. The jurisdiction of court cannot be ousted if the person infringing the copyright are using such intermediary platform, which stores its data on servers outside India, Courts in India would be perfectly justified in directing Telegram, which runs its massive operations in India to adhere to Indian law for disclosure of relevant information relating to infringers.
The Court subsequently ordered Telegram to provide information regarding the channels or devices that were used to distribute the infringing content, as well as any mobile phone numbers, IP addresses, email addresses, etc., that were used to upload and communicate that content.
Recently, the Telegram complying with the order of Delhi High Court, disclosed the administrator names, phone numbers, and IP addresses of the channels sharing the copyrighted works of the plaintiff.
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