Following Telegram CEO Pavel Durov’s August 24 arrest by French police, the Indian government opened an investigation to look into claims made against the company in the “Indian context.” Durov was detained on charges related to inadequate content moderation on the platform. France has accused Telegram of multiple offenses, including drug trafficking, sharing “pornographic images of minors,” organized crime, promoting terrorism, and fraud.
According to PTI, India’s IT Ministry has requested the Ministry of Home Affairs to review the pending complaints against Telegram. Sources familiar with the situation stated, “In light of recent events in France, the IT Ministry has asked the Ministry of Home Affairs to examine the complaints pending against Telegram and consider possible actions.”
Since the IT Ministry and CERT-In (Indian Computer Emergency Response Team) lack investigative authority, the Ministry of Home Affairs (MHA) has been assigned to address complaints against Telegram. Whether this action could lead to a ban on Telegram in India remains uncertain.
Under the Information Technology Act of 2000, messaging platforms like Telegram can invoke the “Safe Harbour” clause, which shields them from liability for user-generated content. However, the Act also mandates that intermediaries like Telegram must adhere to specific conditions and operate within the guidelines established by the Act.
If Telegram does not comply with the guidelines, it is legally required to cooperate with law enforcement agencies and supply information during the investigation. Meanwhile, France has issued a press release outlining the charges against Pavel Durov in the ongoing judicial inquiry.
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