Advertisment

Telegram's Growing Legal Troubles in India: Could a Ban Be Imminent?

Recent developments, including the arrest of its CEO Pavel Durov, have prompted Indian authorities to consider whether a ban might be imminent.

author-image
Aanchal Ghatak
Updated On
New Update
telegram
Telegram, a popular messaging app with nearly a billion users worldwide, is under heightened scrutiny in India over its purported involvement in a string of criminal activities. Recent developments such as the arrest of CEO Pavel Durov in France brought the platform into the limelight for possible facilitation of illegal operations that range from stock manipulation to child pornography. These concerns have seen Indian authorities alarmed, with many suggesting that Telegram activities within the country should be blocked or banned altogether.
Advertisment

The Allegations: A Diverse Array of Criminal Activities

According to various reports, Telegram in India has become a hub for all criminal activities. In just some of the serious cases, distribution of leaked exam papers, child pornography, stock price manipulation, and even cases of extortion have been blamed on the platform. The most serious concern, however, is the fact that the platform has been called the dark web, which really tells the level to which this platform has been put into misuse for criminal operations.



Stock manipulation: In another case, on July 24th, SEBI unraveled a stock price manipulation scheme that originated through the popular instant messaging service Telegram. A group administrator in Telegram was charged with accepting ₹20 lakh as commission for inflating the price of stocks of a particular steel sheet manufacturing company.



Fraud: Telegram has also been used for fraud, once when two men from Bhopal, posing as police on Telegram, extracted ₹38 lakh from a city doctor.



Exam Leaks: Most famously, perhaps, Telegram in recent times has been found involved in the leaks of examination papers. Because of a leak on Telegram, the UGC-NET examination that was scheduled for June 19, 2023 had to be postponed, affecting about 900,000 applicants.



These incidents really show how Telegram has been hijacked to become a platform for illicit activities and, as such, is becoming harder for law enforcement to track down and deter.

Law Enforcement Challenges: The Issue of Anonymity and Cooperation

Probably the most important challenge arising from Telegram relates to its feature of anonymity: the inability of law enforcement to track individuals, even using their phone numbers-just a username.



But a senior officer in the cybercrime unit of Delhi Police explains, this is further complicated by the lack of cooperation from Telegram. According to the officer, Telegram often only provides the IP address of the last login-which is usually of little help. This is indicative of the historical reluctance of the company to comply with Indian regulatory requirements, including those under the IT Rules 2021.



Current and former government officials say Telegram has named an India-based grievance officer and carried out some of the Section 69A blocking orders but refused to take action against other potentially illegal content without being directly compelled by a regulatory action.

Arrest of Pavel Durov: How It Most Probably Affected Telegram Operations

The arrest of Pavel Durov, the chief executive of Telegram, has brought the world's eyes onto the legal hitches facing the platform. Durov had been detained over criminal activities carried out on the site, the dissemination of child sexual abuse material among them. The Paris prosecutor's office also echoed similar allegations over illicit transactions, fraud, and unwillingness to cooperate with law enforcement.



Durov's arrest does stir some serious questions about the future of Telegram, not only in India but also elsewhere. The company had come out to defend itself, saying it's unfair to hold the platform or its owner responsible for the misuse of its services. However, growing legal pressures might compel Telegram to reconsider its operating and moderation policies.

India’s Response: Is a Ban on the Horizon?

The Indian IT Ministry, while acting on the arrest of Durov and continuous investigations in France, has assigned the task to the Ministry of Home Affairs to look into whether any complaints are received in India against Telegram and recommended that since the IT Ministry is not an investigating agency, law enforcement agencies may consider probing the functioning of Telegram.



If the allegations against the platform, Telegram, are found to be correct, India is expected to take more such stringent regulatory actions or, in extreme cases, a blanket ban. All said and done, the basic query remains if and how much Telegram can offer cooperation to the Indian investigating authorities and take conclusive measures to rein in the misuse of its services. Without such measures, indeed, Telegram could be facing the music on the wrong side of Indian law, leading it to a ban and disturbing its already large base of users on the platform.

Understanding the Challenges and Telegram's Unique Features

Legal Challenges and Specifics of Telegram's Design Understanding the challenges and particular design characteristics of Telegram is essential in comprehending exactly where law enforcement faces difficulties. First, Telegram has secret chats with end-to-end encryption, messages that self-destruct, and the ability to create channels or groups with high numbers of participants. While these aspects might be very appealing for the good guys out there, at the same time, it complicates the police in monitoring or intercepting criminal activities.



It is highly technologically difficult, partly because Telegram relies on usernames and not phone numbers to identify its users, therefore enabling them to be anonymous. Unlike other messaging services such as WhatsApp, whose accounts would be directly linked to the phone number one provided, this could easily mean it is much easier for Telegram users to hide their identity. Also, it is hard for any one government to ask for complete access or control of the data since Telegram operates its servers around different jurisdictions.



However, it is also a fact that Telegram has also put in place several security measures to deter abuse-reports for spam, blocking of users, and content moderation in public channels-all are debatable in terms of how effectively they would work in preventing criminal activities, but also indicative of efforts by the platform.

The Speculative Nature of a Ban: Historical Context and Expert Opinions

The possibility of a ban on Telegram in India is speculative at this point. While the Indian government has taken strong actions against platforms that fail to comply with local regulations—such as banning Chinese apps like TikTok and PUBG—banning a widely-used platform like Telegram would be a significant move, likely to face legal challenges.

Legal experts suggest that for a ban to be enforced, the government would need to demonstrate that Telegram poses a clear and present danger to national security or public order. This is a high bar to meet, especially given the precedent of other social media platforms facing similar accusations without facing bans. Instead, the Indian government might opt for tighter regulations, requiring Telegram to comply with more stringent data-sharing and moderation practices.

Conclusion: A Critical Moment for Telegram

Telegram has reached a critical juncture and can hardly sustain its operation in India and elsewhere in the world as it becomes a hub for an ever-growing list of crimes. The Indian government is closely monitoring this development, and the future of the platform in the country is really uncertain. How far Telegram will be able to overcome these challenges by increasing cooperation with relevant authorities and making its content moderation policy strong, that will decide the future of the platform in one of its biggest markets.

Advertisment