A Public Interest Litigation (PIL) petition requesting instructions to block the international encrypted instant messaging service Telegram in India was recently settled by the Kerala High Court.[Association of India v. Athena Soloman and Others]
The division bench, which included Chief Justice S Manikumar and Justice Murali Purashothaman, granted the petition after recording the central government’s argument that the petitioner could address her concerns with the Telegram grievance officer in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021).
A source of aggravation in this matter, according to the petitioner, was the alleged spread of improper, filthy, and vulgar sexual content starring women and children, notably pornography depicting young children, via Telegram.
She further asserted that the messaging service does not have a registered office or nodal official in India and that it encourages domestic and international terrorism.
She continued by saying that because Telegram does not have a license from any government, the investigative agencies are unable to effectively launch an inquiry or track down the offenders.
In order to “discharge their executive, statutory, and all other duties to take steps to limit the availability to Telegram in India,” she moved to court and requested orders.
She likewise looked for one more course for the concerned specialists to guarantee that all web-based portable/work area applications are working in India exclusively by conforming to the current laws of the country.
According to the statement made on behalf of the Central Government regarding the IT Rules, 2021, Telegram and other intermediaries are required to publish the name and contact details of the Grievance Officer as well as the channels through which users or victims can report a violation of the IT Rules, 2021.
Furthermore asserted that the grievance officer must recognize the complaint within 24 hours and respond appropriately to it within 15 days of receiving it, in accordance with the aforementioned criteria. The Grievance Officer must also accept any orders, notices, or instructions given by the relevant government, a competent body, or a court having jurisdiction over the situation.
As a result, the Court instructed the petitioner to contact the Telegram India Grievance Officer. Advocate Manas D. Hameed represented the petitioner.
Senior Government Leader P Narayanan and Central Government Counsels Jaishankar V Nair, Mini Gopinath, and KR Rajkumar represented the respondents.
Written by – Yuvraj Sachdeva BA .LLB(2nd Semester) RNB Global University
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