ARTICLE
3 September 2024
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Telegram To Be Banned In India?

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Naik Naik & Company

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Established in 2004, Naik Naik & Co. started out as a niche media practice which has metamorphosed into a full-service law firm. Headquartered in Mumbai with a pan-India presence, we advise and perform across all aspects of corporate, disputes, banking and finance, and intellectual property law. Our sectoral focus is our differentiator and we can boast of strong industry sector expertise for over two decades. Our practice is anchored in quality service, professionalism, and integrity.
Telegram has been the modern world's pigeon that connects people across the globe.
India Privacy

Telegram has been the modern world's pigeon that connects people across the globe. It is a cloud-based, cross-platform, social media and instant messaging (IM) service that was founded in 2013 by the brothers Nikolai and Pavel Durov. Unlike the messenger pigeon, the Telegram application is known for its high-end focus on privacy and the security of users. As of July 2024, with over 950 million users across the globe, Telegram found itself amidst a controversy.

About The Controversy

It all started on July 24, 2024, when The Securities Exchange Board of India discovered a scheme to manipulate stock prices operating through the Telegram app. The stock prices of a steel sheet manufacturing company were allegedly manipulated by a Telegram group moderator who received ₹20 lakh in compensation. India has over 5 million active users of Telegram as of now.

When, on August 24, 2024, Pavel Durov, the CEO of Telegram was arrested in Paris, France for allegedly allowing criminal activity on the app, the concerns regarding Content moderation intensified. This led to an investigation being launched in India. Under the auspices of the Indian Ministry of Home Affairs and the Ministry of Electronics and Information Technology, the Indian Cybercrime Coordination Centre is carrying out the investigation.

The outcome of this investigation will determine the fate of millions of Telegram users who rely on the app for its privacy purposes.

Legal Obstacles

The examination of Telegram in India presents a number of unique challenges. Due to the End-to-end encryption and privacy restrictions of the application it becomes substantially more difficult for authorities to monitor messages effectively. This ensures that only the users who are directly involved in the conversation are able to access the messages. Despite the fact that such a high level of encryption is beneficial for protecting the privacy of users, it makes it more difficult for law enforcement to monitor illegal activities.

Furthermore, because Telegram is decentralised, there is no central authority to oversee its operations. This presents difficulties for the authorities when it comes to executing laws and putting them into effect. The fact that the application's servers are located in a number of different countries adds an additional layer of complication to the issues that pertain to jurisdiction.

The Intersection Of Public Privacy & Public Security

The potential prohibition of Telegram in India has sparked a heated debate, which in turn has highlighted the importance of carefully balancing privacy, security, and governmental oversight.

One positive aspect of Telegram is its extensive encryption and privacy capabilities, which attract millions of users. In this day and age of extensive data breaches and unlawful monitoring, the assurance that messages will remain private and inaccessible to anybody other than the intended recipients is paramount. The demand for safe online communities where members may express themselves freely without fear of eavesdropping is growing. With its end-to-end encryption and commitment to user privacy, Telegram aspires to address this gap. The commitment to privacy goes beyond only protecting personal information in this age of rapid censorship; it is also about preserving the right to freely express oneself.
The privacy-enhancing features of Telegram, however, could potentially make it a haven for criminals. Latest allegations of stock manipulation through the platform and the CEO of Telegram's arrest have exposed a darker side of such robust privacy protections. It prompts a crucial inquiry: When does the right to privacy meet the necessity for public safety and security?

When we look at it from a legal standpoint, it is difficult to find a middle ground between user privacy protection and preventing criminal organisations from using platforms like Telegram.
The challenge of enforcing regulations on a decentralised platform like Telegram, with data spread across multiple jurisdictions, should further not be underestimated. To make sure that prohibitions and regulations don't drive illicit behaviour underground or lead consumers to even less controlled platforms, it's crucial to carefully consider all of the possible consequences.

Cooperation between Telegram and the Indian government to tighten content management while preserving the platform's core privacy principles would be a more logical option to a blanket ban. The ultimate objective should be to safeguard users' privacy while preventing criminals from exploiting the service.

Conclusion

The ongoing tension between internet privacy and security is highlighted by the Telegram scandal in India. Millions of users are now in a state of uncertainty due to the Indian government's continuing investigation into the alleged misuse of the network. Significant concerns arise from Telegram's encryption and decentralisation, highlighting the complexity of controlling global digital networks. One must immediately begin to investigate potential alternatives that provide a middle ground between user privacy protection and security measures in light of the impending ban. Solutions that safeguard both personal liberty and public security may be more easily developed if Telegram and Indian authorities work together effectively.
Essentially, this situation is only a miniature version of a much larger global conversation. Upholding a precarious balance among privacy, security, and legislation will remain an enormous issue as long as technology is constantly developing. The outcome of this inquiry could set a standard for future approaches to similar problems, not only in India but also in other countries. Finding a well-thought-out plan that protects users while retaining the fundamental principles that draw people to platforms like Telegram in the first place should be the primary goal.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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