of Singapore, 1965, would only mean a Court based in
Singapore, a Court in India would not be empowered to direct
disclosure of the information relating to the subscriber who may
be running the allegedly infringing channels.
(vi) Finally, Section 72A of the Information Technology Act, 2000
(hereinafter “IT Act”), is stressed upon, which provides that any
disclosure of information in breach of a lawful contract i.e., the
contract between the Telegram platform and the subscriber/
creator of the impugned channels, would also be contrary to law
and could constitute an offence.
12.
In rejoinder, Ms. Rajeshwari, ld. Counsel for the Plaintiffs, submits
that:
(i)
Reliance on Singapore law would not be appropriate in the
present circumstances inasmuch as this Court or any Court of
competent jurisdiction would be empowered to pass directions in
respect of a mobile platform which is operating in India.
(ii) The laws of Singapore may apply in the context of a request
being made by any private party to Telegram, to disclose
information. However, this would not apply in the case of a Court
order being passed.
Findings and Analysis
13.
The short but vexed legal issue that is to be decided in I.A.8461/2020
is whether Telegram can be directed to disclose the identity of the creators of
the infringing channels which unauthorisedly and illegally disseminate the
Plaintiffs’ copyrighted works.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
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