(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 Page 14 of 51

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