Kerala High Court Disposes Of Plea To Block Telegram After Petitioner Agrees To Approach Grievance Officer Under IT Rules 2021

The Kerala High Court recently disposed a Public Interest Litigation seeking to block access to the instant messaging service 'Telegram' in India for hosting obscene and vulgar content featuring children and women and for promoting terrorism.

A division bench comprising Chief Justice Mr.S.Manikumar And Justice Murali Purushothaman disposed of the PIL on the submission of the Central Government Counsel that the petitioner can approach the Grievance Officer of the messaging service under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, for removal of objectionable content. The petitioner undertook to make use of the grievance redressal mechanism under the IT Rules 2021. 

The PIL was filed by a woman aggrieved by the circulation of obscene content featuring women and children on the messaging application. According to the petitioner, ‘Telegram’ was also being used to promote terrorism and was creating disharmony in society. It was her case that ‘Telegram’ has no nodal officer or a registered office in India and that investigating agencies were unable to ensure proper investigation as the users are not required to disclose their identity on the application.

Adv. Jaishankar V. Nair appeared for the Centre and the petitioner was represented by Adv. Manas P. Hameed.

The Central Government Counsel filed a statement explaining in detail the grievance redressal mechanism for removal of objectionable content from intermediary platforms. It was pointed out under IT Rules 2021, the petitioner can approach the Grievance Officer in case of violation of any provisions of the Rules.

Rule 3(2) of the IT Rules 2021, requires every intermediary to publish the name and contact details of the Grievance Officer and the procedure for lodging a complaint in case of violation of any provision of the Rules.Under Rules 3(1)(b), an intermediary must take measures to not publish or host information that is obscene, pornographic or pedophilic. Intermediaries are also required to take specific care to not host information that threatens the unity, security or sovereignty of the country. In case of violation of the Rules, a user can use the mechanism prescribed for removal of such content.

The central government counsel also pointed out that apart from lodging a complaint with the Grievance Officer of the intermediary platform, the petitioner also has the option of lodging a complaint with the appropriate law enforcement agency or the cybercrime cell for any cognizable offence committed under the IPC or any other applicable law. The petitioner can also make use of the Cybercrime Reporting Portal to report a cybercrime.

The PIL was disposed on the submission of the counsel for the petitioner that she would make use of the grievance redressal mechanism under the 2021 Rules by approaching the Grievance Officer for ‘Telegram’.

Case Title: Athena Solomon.K V Union Of India

Citation: 2023 LiveLaw (Ker) 153

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