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 and IP addresses, 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. Reliance was placed by Telegram on the
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The court said it is clear that the onus is on Singh to prove that he is the owner of the copyright and it shall be his endeavour to prove the same.
The ruling comes against the backdrop of a four-year-old suit filed by textbook publishers