[Dainik Jagran case] Not necessary under IT Rules to disclose identity of channel owners: Telegram to Delhi High Court

Social media messaging application Telegram told the Delhi High Court on Thursday that as per the IT Intermediary Rules, 2021 it is exempted from disclosing identities of the owners running channels that allegedly share e-papers of Dainik Jagran [Jagran Prakashan v Telegram and Ors.] .Justice Yogesh Khanna who was hearing the matter directed Telegram to place on record a copy of the IT Rules and posted the matter for further hearing in January, 2022..The plea filed by Jagran Prakashan (plaintiff), the company which owns the newspaper Dainik Jagran, alleged that certain users of the messaging app, Telegram had created channels on the platform to share e-papers of the plaintiff in PDF format on daily basis.As per the plaintiff, its newspaper website had a security feature whereby a reader could read the newspaper in the digital form on the website but could not download the same in the PDF format.Further, it was claimed that the plaintiff was the exclusive owner of the trademark 'Dainik Jagran' and its variations. .In May 2020, single-judge Justice Mukta Gupta, had passed an ex parte interim order to disclose the identity of the users who are running channels on the platform.The Court had also directed Telegram to take down/block such channels on its platform within 48 hours of the receipt of the order..Dainik Jagran on Thursday informed the Court that the said channels were taken down by the respondent. However, post taking down the channels new channels were created. "They take down the channels but come up with new channels and do the same infringement again and again," said Jagran's counsel.Further, it was contended that though Telegram was asked to disclose the identities of the users who are running channels on the platform, the same has not been done till date..Telegram on the other hand, contended that it has taken down all the said channels off its social media application. Coming to the aspect of 'disclosure of identities', Telegram informed the court that it is technologically impossible to do that, since those who run such channels are not even residing in India.Apart from that, it was also contended that the whole disclosure of identity is not backed by law as per new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021."Our case is not covered under the circumstances that merit disclosure of identities," Telegram's lawyer submitted.