(ii) Further, while the channels that were impugned earlier in the suit
by the Plaintiffs are being taken down pursuant to the interim
orders of this Court, new channels by adding some prefixes or
suffixes or by making small modifications in the names of the
channels continue to be created. Accordingly, ld. counsel for the
Plaintiffs submits that the identity of the persons who are
disseminating the infringing materials on these channels ought to
be disclosed, so that the Plaintiffs can avail of their remedies
against the said persons.
11.
On behalf of Telegram, Mr. Sibal, ld. Senior Counsel, submits that:
(i)
The interim arrangement which is already in place directing
Telegram to take down the impugned channels is sufficient to
protect the interest of the Plaintiffs.
(ii) As per the Privacy Policy of Telegram, Clause 8.3 is clear that
until and unless a person is expected to be a terror suspect, the
disclosure of the subscriber information cannot be made. The
said clause reads as under:
“8.3. Law Enforcement Authorities
If Telegram receives a court order that confirms
you're a terror suspect, we may disclose your IP
address and phone number to the relevant
authorities. So far, this has never happened. When
it does, we will include it in a semi-annual
transparency
report
published
at:
https://t.me/transparency.”
(iii) He further relies upon the judgment of the Supreme Court in
Justice K.S. Puttaswamy v. Union of India & Ors., (2017) 10
SCC 1, paragraphs 310 and 328, to argue that unless and until a
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 6 of 51
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