(viii)The right to freedom of speech and expression would be curbed,
if the prayer for disabling the new channel feature for channel
creators is accepted.
21.
At the outset before delving into the legal issue in this case, the Court
first notes the various features and policies of Telegram, which would be
relevant for ascertaining what information Telegram may possess and the
process of its disclosure.
A.
The Telegram App and its Features and Policies
22.
The Telegram application is one of the most used messaging platforms
in India with its publicly declared monthly active users being approximately
700 million.1 Telegram’s largest user base is India, accounting for more than
20% of its user base.2 Reportedly, Telegram grew its active user base by 110%
in India in 2020-2021- i.e., more than 115 million active users.3 The Telegram
app can be used for transmitting messages, photographs, videos, voice
recordings, documents in PDF and other forms, etc. In order to enable a person
to use Telegram, all that is required is to download the app by giving a phone
number, which is verified through a one-time password (hereinafter “OTP”).
Telegram, in fact, permits the user to use the screen name, profile pictures,
and user name as the user chooses.
23.
Telegram has two kinds of users:
(i)
Free users; and
1
700 Million Users and Telegram Premium, Telegram Blog, Jun. 21, 2022, https://telegram.org/blog/700million-and-premium.
2
A. Chakravarti, WhatsApp rival Telegram has highest number of users in India, clocks 1 billion
downloads globally, India Today, Aug. 31, 2021,
https://www.indiatoday.in/technology/news/story/whatsapp-rival-telegram-has-highest-number-of-users-inindia-clocks-1-billion-downloads-globally-1847681-2021-08-31.
3
I. Mehta, Telegram grew its active user base by 110% in India last year, The Next Web, Jan. 13, 2021,
https://thenextweb.com/news/telegram-grew-its-active-user-base-by-110-in-india-last-year.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
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