Balancing privacy with national security need

Telegram is like the third largest state in the world, not by land or borders, but by the sheer number of users over 100 crore globally. With more than 50 lakh users in India alone, Telegram has become a digital powerhouse, rivaling the likes of WhatsApp and Facebook.

Santosh Mathew

Santosh Mathew

The Statesman

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For now, the app remains under scrutiny, and its future in one of its largest markets hangs in the balance. In the broader context. PHOTO: IANS/THE STATESMAN

September 13, 2024

NEW DELHI – Telegram is like the third largest state in the world, not by land or borders, but by the sheer number of users over 100 crore globally. With more than 50 lakh users in India alone, Telegram has become a digital powerhouse, rivaling the likes of WhatsApp and Facebook. However, as its user base swells, so do the concerns surrounding its use – or rather, misuse. Recent events, particularly the arrest of Telegram’s CEO Pavel Durov in Paris, have thrust the app into the global spotlight, sparking heated debates about its impact on national security, especially in India.

Telegram’s meteoric rise can be attributed to its commitment to privacy and security. End-to-end encryption, self-destructing messages, and the ability to create large groups and channels have made it a favourite among users who value their privacy. In a country like India, where digital communication is woven into the fabric of daily life, Telegram has become a go-to platform for everything from casual chats to professional discussions. Yet, the very features that make Telegram appealing also make it a potential threat.

The app’s strong encryption and anonymous channels have reportedly become breeding grounds for illegal activities such as piracy, drug trafficking, and the dissemination of extremist content. Indian authorities, already wary of the app’s rapid growth, are now faced with the daunting task of determining whether Telegram’s presence in the country is a boon or a bane.

The arrest of Telegram’s enigmatic founder, Pavel Durov, at Le Bourget Airport in Paris, sent shockwaves through the tech world. Accused of failing to control the use of Telegram for criminal activities, Durov now finds himself at the centre of a legal storm. French authorities allege that Telegram is being used for everything from drug trafficking and arms smuggling to sharing child sexual abuse material and pirated content.

These accusations have not only tarnished Telegram’s reputation but have also put the app under intense scrutiny in India. Durov, a staunch advocate of digital privacy, founded Telegram in 2013 with the vision of creating a platform where users could communicate freely without fear of government surveillance. However, his unwavering commitment to privacy has come under fire as governments around the world, including in India, grapple with the challenges of regulating platforms that prioritize user privacy over compliance with local laws. In India, Telegram’s rise has been meteoric. However, the app’s popularity has been accompanied by increasing concerns about its misuse.

Telegram’s anonymity, while a safeguard for ordinary users, also provides a shield for those engaging in illegal activities. This has led Indian authorities to question whether Telegram poses a significant threat to national security. Piracy is one of the most pressing issues. Telegram channels dedicated to sharing pirated movies, TV shows, and software have proliferated, causing significant financial losses to the entertainment industry. Despite efforts to clamp down on these channels, new ones continue to pop up, highlighting the challenges of policing a platform that operates with minimal oversight. Drug trafficking is another area of concern. Telegram’s encrypted messaging system allows traffickers to communicate with buyers without fear of interception by law enforcement. This has made Telegram a preferred platform for drug dealers, further complicating efforts to combat the drug trade in India. But perhaps most troubling is the app’s potential to be used for activities that undermine national security. With no physical office in India and limited cooperation with Indian authorities, Telegram operates in a regulatory gray area.

This makes it difficult for law enforcement agencies to monitor and control the content being shared on the platform, raising concerns about its use for spreading extremist content and coordinating illegal activities. The absence of a physical office in India is a major sticking point. Unlike other tech giants that have established a presence in the country and comply with local regulations, Telegram operates without a formal legal entity in India. This has made it challenging for Indian authorities to enforce compliance with the country’s laws, particularly when it comes to monitoring content and preventing the spread of illegal material.

The legal challenges surrounding Telegram have led to petitions being filed in the Supreme Court of India, demanding action against the platform. Petitioners argue that Telegram’s operations in India are unlawful and that the app should be banned if it continues to be used for illegal activities. The Supreme Court has responded by emphasizing the need to protect the country’s sovereignty, as well as the privacy and dignity of individuals. These remarks suggest that stricter regulations could be on the horizon for Telegram and other similar platforms. The Indian government has also expressed concerns about Telegram’s refusal to cooperate with law enforcement agencies. Unlike other platforms that have established protocols for responding to government requests for information, Telegram has been accused of being unresponsive and uncooperative. This lack of transparency and accountability has only deepened suspicions about the app’s potential misuse. In response to the allegations and the arrest of its CEO, Telegram has maintained that it adheres to European laws, including the Digital Services Act, and that its moderation practices are within industry standards. However, these assurances may not be enough to allay the concerns of Indian authorities. The app’s future in India could hinge on whether it can demonstrate a commitment to working with local regulations and ensuring that it is not being misused. The Indian government faces a delicate balancing act. On the one hand, there is a need to protect national security and prevent the misuse of digital platforms for illegal activities. On the other hand, there is a desire to preserve the benefits of digital communication and the privacy of users. Striking the right balance will require a nuanced approach that takes into account the complexities of the digital age.

One potential solution could be the introduction of stricter regulations that require platforms like Telegram to establish a physical presence in India and comply with local laws. This could include setting up a dedicated team to monitor content, respond to government requests, and ensure that the platform is not being used for illegal activities. Such measures would help to address the concerns of Indian authorities while allowing Telegram to continue operating in the country.

Another possible approach is for Telegram to improve its cooperation with law enforcement agencies. By establishing clear protocols for responding to government requests and taking a proactive stance against illegal content, Telegram could demonstrate its commitment to operating within the bounds of the law. This would not only help to alleviate the concerns of Indian authorities but also improve the platform’s reputation globally. As India grapples with the implications of Telegram’s potential misuse, the arrest of Pavel Durov has brought to light the complex challenges of regulating digital platforms. The coming weeks and months will be crucial in determining whether Telegram can continue to operate in India without significant changes.

For now, the app remains under scrutiny, and its future in one of its largest markets hangs in the balance. In the broader context, social media platforms like Telegram are often referred to as the “fifth pillar” of democracy, alongside the executive, legislature, judiciary, and the press. These platforms have immense power to shape public opinion, mobilize communities, and influence political outcomes.

However, with this power comes great responsibility. As Telegram faces increasing pressure from governments around the world, including India, the scrutiny of this “fifth pillar” will only intensify. The world is watching to see how this complex and contentious issue will unfold, and whether Telegram can adapt to the new realities of the digital age while maintaining the trust of its users.

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