to tell its users not to host, display, upload, modify, publish, transmit,
update or share any information, which infringes on copyright or other
proprietary rights or violates any law. This is buttressed by the fact that
under its own Privacy Policy, Telegram does not permit spamming,
phishing and other abuses. Under such circumstances, as per clause 2
of its own Privacy Policy, fundamental rights would not come to the
aid of protection of personal data related to the infringers, as it is only
the “processing” of data, which can be stopped for protection of
fundamental rights. Disclosure pursuant to an order passed by a Court
of law of the details of the channel operators who are disseminating
materials infringing the copyrighted works, or the devices and other
gadgets used, cannot be shielded under the grounds of protection of
privacy or protection of freedom of speech and expression. Disclosure
of such data pursuant to a Court order would not fall in the definition
of “processing”, which is the only activity that is restricted by the
infringing users’ fundamental rights. Telegram’s own privacy policy
does not recognize the defence, which has been canvassed before this
Court.
(x)
Further reliance was placed by Telegram on the laws of privacy
protection under Article 21 of the Constitution and Article 19(1)(a) of
the Constitution, which protects the right to freedom of speech and
expression. The same is completely inapposite in these facts and
circumstances. The right to freedom of speech or the right to life
including the right to privacy cannot be used by any person or entity,
let alone an infringer, in order to escape the consequences of illegal
actions.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 44 of 51
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