Telegram Ban in India: Why the Messaging App May Disappear from Your Phone

The debate over whether Telegram should be banned in India has been the most talked about subject recently. Once seen as an alternative to WhatsApp and Facebook, the platform now finds itself in the spotlight for troubling reasons.

The arrest of Telegram CEO Pavel Durov by French authorities on August 24, coupled with an investigation by the Indian government, has put the platform under intense scrutiny. The pressing question now is whether the platform can emerge stronger from this crisis or become entangled in the web of allegations it currently faces. Before delving further, let's understand why the messaging app is being investigated by the government.

Is India Mulling Over Banning Telegram? 

The government of India is probing the social media platform over concerns that it is being used for criminal activities. This is as per a MoneyControl report. The probe that is being conducted now could even lead to a ban on the platform. 

A government official told Moneycontrol, “The Indian Cybercrime Coordination Centre (I4C) and MeitY have been looking into P2P communications on Telegram.”

The probe is unrelated to IT rules that Telegram follows, which include appointing a nodal officer and chief compliance officer, and publishing monthly compliance reports.

The decision of the government to investigate the social media site accelerated after the recent arrest of Durov.

Speaking to PTI, a source said, “The basic question here is are there any complaints, is there a similar situation in India, and what is the status, and what action is required.” 

Telegram CEO Arrested in France; Company Claims He Has Nothing to Hide

Durov was arrested in Paris by French authorities after there were allegations that his platform was being used for money laundering, drug trafficking, and child pornography. Additionally, there are allegations that the platforms did not share information with the authorities. 

AFP reports that Durov's arrest was ordered by OFMIN, a French agency focused on preventing violence against minors. This arrest, as per reports, is a part of a larger investigation into charges of "complicity." 

After landing in France from Azerbaijan, Durov was taken into custody at the Paris-Le Bourget Airport. While confirming the arrest, French President Emmanuel Macron said that the arrest was not politically motivated. On August 26, Macron wrote on X, “The arrest of the president of Telegram on French soil took place as part of an ongoing judicial investigation. It is in no way a political decision.” 

Following the CEO's arrest, the social media platform stated its adherence to EU regulations and ongoing improvements. The platform wrote on X, “It is absurd to claim that a platform or its owner are responsible for abuse of that platform.” 

Telegram CEO Defends Platform’s Freedom Amid Government Scrutiny

Durov has time and again talked about the freedom Telegram offers to people when it comes to the moderation of content. In an interview with Tucker Carlson, a media personality, Durov stated that the company ignored the requests of the Rusian government to share data of its users, which in turn made him leave the country. 

Born in 1984 in the Soviet Union, Durov witnessed communism firsthand, which shaped his preference for a capitalist marketplace. His previous social media platform, VKontakte, served as a hub for many opposition protesters. However, the government scrutinised the company and demanded user data. After facing pressure from the government, Durov sold his stake in the company and left the country in 2014. 

Telegram, which was launched in 2013, today has more than 950 million monthly active users across the world. 

In 2017, Durov relocated to Dubai, where Telegram is also headquartered. According to AFP, Durov attempted to settle in several cities, including Berlin, London, Singapore, and San Francisco, but ultimately chose Dubai because of its favorable business conditions. In 2021, he became a French citizen. Durov is also reported to hold citizenship in Russia and St. Kitts and Nevis. 

Now coming to the non-compliance part, western governments have mentioned that the platform does not focus on content moderation. Just to give an example, the social media platform allows users to have groups with as many as 200,000 members, a number that is way higher than other social media platforms such as WhatsApp with a maximum of 1,000 users. 

This, in turn, also gives scope for disinformation to grow, as per critics. The platform is seen as a place where users can share neo-nazi and terrorism-related content in those larger groups, as per reports. For its failure to report unlawful content, Telegram was fined $5 million by Germany in 2022. 

Brazil also banned Telegram temporarily in 2023 for not providing data related to neo-nazi activity. 

Now, turning to India, Telegram has the largest user base in the country, with over 220 million downloads as of August 2021. The app was under the scrutiny of the government before as well. In October 2023, the Ministry of Electronics and IT (Meity) issued a notice to Telegram for the rampant spread of child pornography material on the platform. 

Rajeev Chandrasekhar, former union minister of state for Electronics and Information Technology had said, “There will be zero tolerance for criminal and harmful content on the Indian internet.” 

An advantage for criminals using Telegram is the fact that they can remain anonymous while creating a profile. Telegram offers several features, such as a no-sim set-up, a hidden phone number, a profile picture, and more, to maintain an annoying identity. The platform also came to the limelight during the UGC-NEET exams when there were reports that the exam paper was sold on Telegram for prices between Rs 5,000 and Rs 10,000. 

At a time when social media platforms have become a big part of our lives, the question that looms in is: how much should the government control? On the one hand, the argument is that the control of the government will curb freedom of expression. On the other hand, some believe that some level of control is necessary to address illegal activities on social media platforms.

For example, in November last year, IT Minister Ashwini Vaishnaw said that 'safe harbor immunity' would not be applicable to social media platforms if they didn’t take action to tackle deep fakes. A similar sentiment was echoed by former minister Chandrasekhar, who highlighted in October 2023, “If social media intermediaries do not act swiftly [to curb child pornography], their safe harbor under Section 79 of the IT Act would be withdrawn.”

The safe harbor provision shields social media platforms from being held liable for content posted or shared by third parties on their services. Whether Telegram will be banned or not is a matter of investigation that is under process. However, what becomes important is to have a middle ground between freedom of speech and expression and using the platforms for illegal activities.