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Living Media India Limited & Anr vs Telegram Fz Llc & Ors on 18 October, 2022

Author: Jyoti Singh

Bench: Jyoti Singh

                          $~11
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CS(COMM) 120/2022 & I.A. 2875/2022, 6399/2022
                                LIVING MEDIA INDIA LIMITED & ANR.       ..... Plaintiffs
                                              Through: Mr. Hrishikesh Baruah and Mr. Deep
                                              Pal Singh, Advocates.
                                                   versus
                                TELEGRAM FZ LLC & ORS.                  ..... Defendants
                                              Through: Ms. Anushka Sharda, Mr. Madhav
                                              Khosla and Ms. Moha Paranjpe, Advocates for
                                              D-1.
                                CORAM:
                                HON'BLE MS. JUSTICE JYOTI SINGH
                                                   ORDER

% 18.10.2022 I.A. 2872/2022 (under Order 39 Rules 1 and 2 CPC, by Plaintiffs)

1. On 04.03.2022, Defendant No. 1 was given time to file reply especially with respect to prayer clause (E) of the application, which reads as under:-

"E. Pass an order for ad-interim injunction directing Defendant no.l to disclose the identity/Basic Subscriber Information of Defendant no.2 to 15 accounts, their creator(s), administrator(s), member(s), and"

2. Learned counsel appearing on behalf of the Plaintiffs submits that a Co-ordinate Bench of this Court in Neetu Singh and Another v. Telegram FZ LLC and Others, 2022, SCC OnLine Del 2637, has passed following directions:-

"46. In view of the above factual and legal position, in the opinion of this Court, merely because Telegram chooses to locate its server in Singapore, the same cannot result in the CS(COMM) 120/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:20.10.2022 19:41:48 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. If such an argument is accepted, in the current world where most dissemination happens through online messaging services and platforms, IP violations would go completely unchecked. This cannot be the intention of law. The provisions of the IT Act and the Rules made therein have to be construed harmoniously with the rights and remedies provided to the copyright owners under the Copyright Act. Indian Courts are competent to decide issues relating to infringement of copyright and the mere fact that Telegram is operating a messaging service in India which chooses not to locate its servers in India cannot divest the Indian Courts from dealing with copyright disputes or divest copyright owners from availing their remedies in Indian Courts. In the present age of cloud computing and diminishing national boundaries in data storage, conventional concepts of territoriality cannot be strictly applied. The dynamic evolution of law is essential to ensure appropriate remedies in case of violation of copyright and other IP laws.

47. In the facts and circumstances of the present case, Telegram-Defendant No. 1 is directed to disclose the details of the channels/devices used in disseminating the infringing content, mobile numbers, IP addresses, email addresses, etc., used to upload the infringing material and communicate the same, as per the list of channels filed along with the present application. If there are any further list of infringing channels, the same be also submitted to Telegram within one week. The data relating to the infringing channels and the details as to the devices/servers/networks on which they are created, their creators, operators including any phone numbers, IP addresses, email addresses, used for this purpose shall be disclosed by Telegram within a period of two weeks thereafter. The said information shall at this stage be filed in a sealed cover with the Court. Upon perusing the said information, directions, if any, shall be passed after hearing the parties."

3. It is submitted that in view of the directions passed by the Co-ordinate Bench, Defendant No. 1 be directed to disclose the details as sought for in the application.

4. Having perused the Neetu Singh and Another (supra), this Court is of the view that the Plaintiffs are entitled to relief as claimed in prayer (E) of the application.

5. Accordingly, it is directed that Defendant No. 1 shall disclose the identity/Basic Subscriber information of Defendants No. 2 to 15 accounts and their uploaders, in a sealed cover, within a period of three weeks from today.

6. Upon perusing the information furnished in the sealed cover, court shall consider, if any further directions are required to be passed, on the next date of hearing.

7. List on 29.11.2022.

JYOTI SINGH, J OCTOBER 18, 2022/rk CS(COMM) 120/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:20.10.2022 19:41:48