(ii) The data centres and servers of Telegram are located outside
India and the direction for disclosure would violate the laws of
the jurisdiction where the servers are located. Moreover,
Telegram uses a distributed physical infrastructure and is bound
by the provisions of the PDPA, Singapore.
(iii) Telegram itself is a Dubai-based company and is bound by the
laws of Dubai.
(iv) In any event, Telegram is an ‘intermediary’, which is only
expected to act as per the IT Act and IT Guidelines. Such an
intermediary only has to remove the infringing content upon
being given notice and is not liable for third party information
circulated on its platform.
(v) In case Telegram discloses such personal data, it might be in
breach of Section 72A of the IT Act, which makes unauthorised
disclosure of information in breach of a contract, a criminal
offence punishable with imprisonment for a term that may extend
to three years.
(vi) There is no proof of infringement of copyright produced before
the Court, and even the current impugned channels have been
removed in good faith. However, the order dated 28th July, 2020
was passed on the understanding that the Plaintiffs would provide
verifiable proof of the channels sought to be removed.
(vii) There is no valid ground for directing discovery, as the Plaintiffs
have not proven how the private user data sought to be disclosed
is material or relevant to the present suit’s adjudication, as
required by the CPC.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 13 of 51
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