The Delhi High Court Tuesday directed instant messaging service Telegram to disclose information pertaining to channels, devices, servers, networks, phone numbers and IP and email addresses involved in the production and dissemination of copyright infringing content. Plaintiffs seek injunctive reliefs against Telegram and other defendants involved in the unauthorized dissemination of videos, lecture, books and other copyright protected materials through the messaging service.

Telegram contended that because its servers are situated in Singapore, sharing or disclosing data stored in such servers would breach Singapore’s Personal Data Protection Act of 2012, which permits disclosures only when explicitly authorized by Singaporean courts. Telegram also argued that disclosure would violate the privity of contract between itself and the subscriber and Section 72A of India’s Information Technology Act, 2000. The messaging service believes that its currently existing unauthorized content take-down mechanisms are “sufficient to protect the interests of the Plaintiff.”

The court rejected Telegram’s arguments, noting that data disclosures pertaining to copyright infringement proceedings are a recognized exception to data privacy under the Singaporean law. The court also reaffirmed that the Information Technology Act and the Information Technology Intermediary Guidelines and Digital Media Ethics, 2021 “do not in any manner obviate the duty of Telegram as a platform to take all effective steps required to protect IP rights, including rights of copyright owners.”

The court ruled that the infringing materials circulated through Telegram constitutes infringing material under Section 2(m) of India’s Copyright Act, 1957, and said that mere injunctive relief or take-downs in the absence of monetary damages would be a “toothless relief” unless the identity of the infringers is disclosed.