Right to Information Act, 2005 — Section 9 — Information — Exemption from disclosure

August 2nd, 2013

Right to Information Act, 2005 — Section 9 — Information — Exemption from disclosure — Respondent sought certain information from ICAI — Providing access to information in respect of which ICAI holds a copyright does not involve infringement of a copyright subsisting in a person other than the State — ICAI is not entitled to claim for protection against disclosure under Section 9 — Copyright Act, 1957 — Sections 51 & 52(1)(a).

HELD: The word ‘State’ used in section 9 of RTI Act refers to the Central or State Government, Parliament or Legislature of a State, or any local or other authorities as described under Article 12 of the Constitution. The reason for using the word ‘State’ and not ‘public authority’ in section 9 of RTI Act is apparently because the definition of ‘public authority’ in the Act is wider than the definition of ‘State’ in Article 12, and includes even non-government organizations financed directly or indirectly by funds provided by the appropriate government. Be that as it may. An application for information would be rejected under section 9 of RTI Act, only if information sought involves an infringement of copyright subsisting in a person other than the State. ICAI being a statutory body created by the Chartered Accountants Act, 1948 is ‘State’. The information sought is a material in which ICAI claims a copyright. It is not the case of ICAI that anyone else has a copyright in such material. In fact it has specifically pleaded that even if the question papers, solutions/model answers, or other instructions are prepared by any third party for ICAI, the copyright therein is assigned in favour of ICAI.

There is yet another reason why section 9 of RTI Act will be inapplicable. The words ‘infringement of copyright’ have a specific connotation. Section 51 of the Copyright Act, 1957 provides when a copyright in a work shall be deemed to be infringed. Section 52 of the Act enumerates the acts which are not infringement of a copyright. A combined reading of sections 51 and 52(1)(a) of Copyright Act shows that furnishing of information by an examining body, in response to a query under the RTI Act may not be termed as an infringement of copyright. Be that as it may.

Institute of Chartered Accountants of India v. Shaunak H. Satya[Bench Strength 2], Civil Appeal No. 7571/2011 (Arising out of SLP (C) No. 2040/2011)(02/09/2011), 2012(1) SCV(Civil) 23: 2011 AIR(SC) 3336: 2011(8) SCC 781: 2011(10) JT 128: 2011(9) SCALE 639: 2011(6) SLT 692 [R.V. Raveendran, J.: A.K. Patnaik, J.]

Entry Filed under: Right to Information