PIL to block Telegram in India: Kerala High Court asks petitioner to approach Grievance Officer

The Kerala High Court recently disposed of a public interest litigation (PIL) petition seeking directions to block the international encrypted instant messaging service, Telegram, in India. [Athena Soloman v Union of India & Ors.]..The division bench consisting of Chief Justice S Manikumar and Justice Murali Purashothaman disposed of the petition after recording the submission made on behalf of the Central government that the petitioner can raise her grievances before the grievance officer appointed by Telegram as per the provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021)..The petitioner in the present case claimed to have been aggrieved by the alleged circulation of inappropriate obscene and vulgar sexual content featuring women and children, especially pornography involving children, on Telegram.She also contended that the messaging service is used for promoting international terrorism as well as for creating civil disruptions and that it has no nodal officer or a registered office in India.Telegram is operating without a license from any authorities and the investigating agencies are unable to initiate a proper investigation or to trace out the culprits, she further contended.Therefore, she approached the Court seeking directions to the concerned authorities to "discharge their executive, statutory and all other obligations to take steps to block the access of Telegram in India".She also sought another direction to the concerned authorities to ensure that all internet-based mobile/desktop applications are operating in India only by complying with the existing laws of the country..The Court noted from the statement filed on behalf of the Central government regarding the IT Rules, 2021, that intermediaries like Telegram shall publish the name and contact details of the Grievance Officer as well as the mechanism by which a user or victim may complain against violation of the provisions of the IT Rules, 2021.It was further stated that said Rules also provides that the Grievance Officer shall acknowledge the complaint within 24 hours and dispose of the same within 15 days of its receipt and receive and acknowledge any order, notice, or direction issued by the appropriate government, any competent authority or a court of competent jurisdiction.Therefore, the Court directed the petitioner to approach the Grievance Officer appointed by Telegram in India.The petitioner was represented by advocate Manas D Hameed.The respondents were represented by Senior Government Pleader P Narayanan, and Central Government Counsels Jaishankar V Nair, Mini Gopinath and KR Rajkumar..[Read Judgment]