Telegram Challenges India's App Ban in Court Over Free Speech Concerns

Telegram has challenged India's temporary ban on its app in a New Delhi court. The company argues the block, imposed to stop exam fraud, infringes on users' free speech and constitutional rights. This move punishes millions of Indian users instead of those responsible for exam leaks. The government maintains the ban is necessary for national integrity.

India's temporary block on the Telegram messaging app to prevent ​exam fraud undermines constitutional protections and ​the free speech rights of its users, and must be quashed, ​according to the company's filing to a New Delhi court seen by Reuters.

The extraordinary order blocking the app until June 22 came into effect on Tuesday in an attempt to curb channels claiming to ‌have the exam ⁠paper for ⁠a repeat of a national medical entrance test in advance. The test was also hit last month ​by allegations of leaked papers that led to it being cancelled after millions had already sat the ​exam.

"Such an approach, if upheld, would enable indiscriminate suspension of digital platforms, severely undermining constitutional protections of free speech and access to information," Telegram said in its nearly 200-page ​court filing to the Delhi High Court, which has not ⁠been made ‌public.

The order has been issued "on the impermissible premise that misuse by ​a subset of ​users justifies blocking of an entire platform", it added.

Both sides argued ⁠briefly in court on Wednesday and India's Solicitor General Tushar ​Mehta pushed to adjourn the case until Thursday, which the ​judge agreed to.

Mehta said the government would counter Telegram's position on Thursday and that it has repeatedly asked the company to fix its systems.

Telegram did not respond to a request for comment.

TECH GIANT VS MODI'S GOVT

Telegram is the latest tech giant to lock horns with Prime Minister Narendra Modi's government over a takedown-related decision. Last year, the government reduced the ‌number of officials who can order content takedowns following a bitter legal battle with Elon Musk's X.

Telegram's founder Pavel Durov earlier questioned the effectiveness ​of the ban ​in stopping leaks and ⁠said it is instead a punishment for Telegram's 150 million Indian users and "not the insiders who leaked the exam materials".

The alleged leak last month of the medical entrance exam, which ​is taken by 2.3 million students, led to protests in various parts of India and demands for the resignation of Indian Education Minister Dharmendra Pradhan.

The restriction on Telegram was issued under an Indian IT law provision that allows the government to block access to internet apps in the "interest of sovereignty and integrity of India".