in the form of account IDs along with IP addresses. Each of the platforms
has disclosed the BSI-for example, the Twitter BSI runs into 145 pages, and
shows details of from which IP address the user has logged in, and at what
time date. There are no other details of the said user. In respect of some
users, e-mail addresses have been given. However, no further details are
available. The Plaintiffs having received these BSI details, would have to
make detailed enquiries and investigations in order to identify the complete
contact details of the individuals whose IP addresses or e-mail addresses, or
in some cases, mobile numbers have been disclosed. The Plaintiffs may,
after proper enquiries take proper steps to implead such uploaders as they
deem appropriate, based on the BSI disclosed by the platforms. The suit is at
the initial stage and it cannot be said that without impleadment of these
subscribers, the suit is not maintainable. At the time when the suit was filed,
the Plaintiffs had no way of ascertaining the details of these persons and
even now, the subscriber information which the Court has glanced through,
appears to be quite cryptic. This is owing to the nature of internet itself
wherein users can upload information without disclosing their complete
identities. In X Vs. Twitter Inc.,5 the Supreme Court of New South Wales
has held that such circumstances would in fact justify granting of a Norwich
Pharmacal order directing discovery of further details. However, the same
could be done at a later stage. Thus, the objection that due to non-joinder of
these parties, the suit is not liable to be entertained is not tenable at this
stage. At the time of framing of issues, the question of mis-joinder or nonjoinder can be considered by the Court. However, since these platforms are
5
[2017] NSWSC 1300
CS (OS) 27/2019
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