Investigation Of Telegram CEO Pavel Durov: Implications For India

After France arrested Telegram CEO Pavel Durov on 24th August, the Indian government launched a probe to investigate allegations against Telegram in the “Indian context.” Durov was arrested over charges of insufficient moderation on the Telegram platform. France has pressed several charges against Telegram including drug trafficking, sharing of “pornographic images of minors,” organized crime, promotion of terrorism, and fraud.

According to PTI, India’s IT Ministry has asked the Ministry of Home Affairs to review the pending complaints against Telegram. Sources familiar with the matter said, “In light of what has happened in France, IT Ministry has asked Ministry of Home Affairs to check on complaints pending against Telegram and what action can be taken.”

Since the IT Ministry and CERT-In (Indian Computer Emergency Response Team) are not investigating agencies, MHA has been tasked to act on complaints against Telegram. It’s not clear whether the action will lead to Telegram’s ban in India.

According to the Information Technology Act, 2000, messaging apps like Telegram can use the “Safe Harbour” clause to protect themselves from user-generated content on their platform. However, the Act also specifies that intermediaries like Telegram will have to comply with certain conditions and operate within the guidelines prescribed by the Act.

If Telegram fails to adhere to the guidelines, it has to join the investigation by law enforcement agencies and provide information during the course of the investigation. Meanwhile, France has released a press release and documented the charges against Pavel Durov in the ongoing judicial investigation.