DELHI HIGH COURT
PRATHIBA M.SINGH
Neetu Singh – Appellant
Versus
Telegram FZ LLC – Respondent
The court held that, in the context of copyright enforcement, online platforms like Telegram can be held liable for facilitating or enabling infringement activities conducted through their services. Despite the platform's status as an intermediary, it is not entitled to absolute immunity when it actively participates in or facilitates infringing activities. The court emphasized that the platform's role in hosting or sharing infringing content can lead to its liability, especially when it fails to take prompt action upon becoming aware of such infringement (!) .
Regarding the Safe Harbor provisions under the IT Act, 2000, the court clarified that these protections are not absolute. Intermediaries are afforded certain immunities provided they act expeditiously to remove or disable access to infringing content upon receiving actual knowledge or being notified of such infringement. However, this immunity does not extend to situations where the intermediary is found to have knowingly facilitated or contributed to infringing activities. The court underscored that the protections under the IT Act do not prevent the disclosure of user information or the identification of infringing parties when ordered by a court, especially in cases involving copyright violations (!) .
In summary, the court reinforced that while intermediaries benefit from certain protections under the IT Act, these are conditional and do not shield them from liability in cases of active facilitation of infringement. The platform's obligation to cooperate with lawful orders for disclosure and takedown is reaffirmed, and its liability is contingent upon its level of involvement and promptness in addressing infringing content (!) .
JUDGMENT
Prathiba M. Singh, J.
I.A. 8461/2020 (u/O XI CPC seeking discovery and directions to Defendant No. 1 to disclose identity of infringing channels)
Brief Facts
1. The Plaintiffs - Ms. Neetu Singh and K.D. Campus Pvt. Ltd. have filed the present suit seeking permanent injunction restraining infringement of copyright, damages and other reliefs in respect of unauthorized dissemination of the Plaintiffs' videos, lecture, books, etc.
2. The case of the Plaintiffs is that Plaintiff No.1 is a renowned author of books which are designed to train students aspiring to take various competitive examinations including the examinations of Staff Selection Commission (SSC), Bank Probationary Officer (PO), CDS, NDA, etc. Plaintiff No.1 - Ms. Neetu Singh founded Plaintiff No.2 - M/s K.D. Campus, which runs coaching centres for these competitive exams. The suit has been filed by the Plaintiffs against Defendant No.1/Telegram FZ LLC (hereinafter "Telegram") and Defendant No.2/John Doe, i.e., unknown persons.
3. The Telegram app is a messaging platform capable of being downloaded on mobile phones, computers, tabs and other similar gadgets, which enables transmission o



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