NEW DELHI: The Delhi High Court has said the defence of free speech and the right to privacy cannot be used by any entity, including an infringer, to escape the consequences of illegal actions.
The remark was made by the high court while directing messaging platform Telegram to disclose in a sealed cover the details of channels, including their mobile numbers, disseminating certain content in violation of copyright law.
Justice Prathiba M Singh, while dealing with a lawsuit by a coaching centre and its owner against the ‘illegal’ sharing of its teaching material on various channels on the platform under ‘masked’ identities, stated that Telegram’s reliance on the laws of privacy and right to freedom of speech and expression was ‘completely inapposite in these facts and circumstances.”
The judge said unless the identity of the operators of the infringing channels is disclosed, the plaintiffs would be rendered remediless for recovering damages.
“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,” said the high court. The high court opined that mere disabling was an ‘insufficient remedy’ as these channels were surfacing one after the other owing to the ease with which they can be created’.
“The Supreme Court recognises that if there is a law in existence to justify the disclosure of information and there is a need for the disclosure considering the nature of encroachment of the right then privacy cannot be a ground to justify non-disclosure, so long as the same is not disproportionate,” the judge said.