38.6c New Delhi, India, Monday, June 17, 2024

Disclose Identity of those Running Channels Sharing E-Papers of Dainik Jagran In PDF Format on Daily Basis: Delhi HC To Telegram [READ ORDER]

By Parth Thummar      30 May, 2020 08:12 PM      0 Comments
EPapers Dainik Jagran Delhi HC Telegram

A Single Bench of Justice Mukta Gupta of Delhi High Court has in the matter of Jagran Prakashan Limited v.Telegram Fz LLC & Ors. has granted Dainik Jagran interim relief in a case against Telegram regarding the circulation of e-papers of Dainik Jagran on its platform.

Background of the Case: 

The petitioner newspaper had filed a suit for temporary injunction under Order XXXIX Rule 1 and 2 Civil Procedure Code, 1908 against Telegram FZ LLC (in short ‘Telegram’) having its office at Dubai, United Arab Emirates. 

Dainik Jagran is a Hindi named newspaper which has a wide circulation in both physical as well as digital media throughout the country and the digital e-paper of the plaintiff is available and published on www.jagran.com

The petitioner had submitted that the readers of the newspaper have the option to either subscribe to the physical/print newspaper or they can log on website to read the daily newspaper in the digital format on the web page itself. 

Considering the present COVID-19 situation the petitioner was not charging any subscription fee from its readers in India but was charging a fee of one dollar in other countries however, in view of the enhanced postings the petitioner was contemplating imposing a fee on the digital newspaper in India as well. 

As per the plaint, the website of the plaintiff has a security feature whereby any reader can read the newspaper in the digital form on the website but cannot download the same in the PDF format. 

On the other hand, Telegram is a cloud-based instant messaging and voice over IP service. Telegram client apps are available for android, iOS, Windows Phone, Windows, Mac-OS, and Linux. These users of Telegram can send messages and exchange photos, videos, stickers, audio, and files of any type. 

The main contention of the petitioner was that Telegram grants access and permission to the users of the application to create various channels while not disclosing the identity of such users. The said users of Telegram had created several channels and, on these channels, the e-papers of the petitioner were being uploaded in PDF format daily. 

Hence the petitioner claimed that Telegram with the help of these channels was not only permitting availability of current editions of the e-paper but also users subscribing to the channels of Telegram could download all the previous editions of the e-paper published in the past, which was otherwise available to a user only if he subscribes the e-paper subscription while visiting the website of the petitioner. 

The Counsel for the petitioner had submitted that under the provisions of Section 79 (Exemption from liability of intermediary in certain cases) of the Information Technology Act, 2000, Telegram cannot escape from its liability on the ground that it is an intermediary for the reason, Telegram is required to conduct due diligence and in terms of Rule-3 sub-rule 4 of the Information Technology (Intermediaries Guidelines) Rules, 2011 on being informed about the misuse, Telegram is required to pull down the said channels within 36 hours. They alleged that even after sending repeated notices to Telegram, the channels were still working. 

On being satisfied that the petitioner had made out a prima facie case in its favor and incase no ad-interim injunction was granted the petitioner would suffer irreparable loss, the Court directed Telegram to disclose the identity of all those who were running the channels and takedown/block the telegram channels with Ids: t.me/dainikjagran, t.me/dainikjagranhindi, t.me/dainikjagran_jnm, t.me/dainikjagranpdf, t.me/dainik_jagran, t.me/dainikjagran, t.me/DJagran, t.me/Dainik_Jagran_pdf, t.me/Fainik_Jagran_News, t.me/dainikja or any other similar channels infringing the rights of the petitioner within 48 hours of the receipt of the order. 

The matter is posted on June 23, 2020, for the next hearing. 



Share this article:

Leave a feedback about this

Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [June 10 - June 15]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

17 June, 2024 03:29 PM


Trending Judiciary
Plea filed in SC for fresh NEET

Plea filed in Supreme Court seeks fresh NEET-UG 2024 exams due to alleged paper leaks and malpractices. Petitioners demand a Special Investigation Team and preventive measures.

11 June, 2024 10:49 AM
Trending Judiciary
'Plant 30 trees', Delhi HC orders senior citizen accused of outraging woman's modesty

Plant 30 trees Delhi High Court orders senior citizen accused of outraging womans modesty

11 June, 2024 11:17 AM
Trending Judiciary
No liability under NI Act for dishonoured cheques of merged banks presented after validity period [Read Order]

Allahabad High Court rules that dishonoured cheques from merged banks presented after the validity period won't attract liability under Section 138 of the NI Act.

11 June, 2024 11:29 AM
Trending Executive
Modi 3.0 Cabinet: Full list of ministers and their respective portfolios

Modi 3.0 Cabinet: Amit Shah, S. Jaishankar, Nirmala Sitharaman, and Rajnath Singh retain key roles; allies TDP, JD(U), LJP, JD(S) secure major ministries.

11 June, 2024 03:11 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email