the opinion of this Court, be violative of law, even under the laws
of Singapore.
(iv) In respect of Telegram’s submission of it being an intermediary,
and being obliged to not disclose the details of the originator of the
information, in the opinion of this Court, merely disabling or taking
down channels upon information being given to Telegram is an
insufficient remedy, as also discussed in paragraph 39 above. The
channels are clearly hydra-headed and are surfacing one after the
other owing to the ease with which they can be created, with just
another mobile number or email address.
(v) Telegram has also relied upon Rules 3 and 4 of the IT Guidelines.
The said Rules read as under:
“Rule 3 (1) Due diligence by an intermediary: An
intermediary, including social media intermediary
and significant social media intermediary, shall
observe the following due diligence while
discharging its duties, namely:—
(d) an intermediary, on whose computer resource the
information is stored, hosted or published, upon
receiving actual knowledge in the form of an order by
a court of competent jurisdiction or on being notified
by the Appropriate Government or its agency under
clause (b) of sub-section (3) of section 79 of the Act,
shall not host, store or publish any unlawful
information, which is prohibited under any law for
the time being in force in relation to the interest of the
sovereignty and integrity of India; security of the
State; friendly relations with foreign States; public
order; decency or morality; in relation to contempt of
court; defamation; incitement to an offence relating
to the above, or any information which is prohibited
under any law for the time being in force:
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 37 of 51
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