Telegram Ban, SG and ASGs Re-Appointment, Another “Parasite” Comment & More

“You all are parasites. You take money from investors and dupe them. We have to be very harsh on cyber criminals. It is in society's interest that you are behind bars.:

— Chief Justice of India Surya Kant while refusing to grant bail to an accused in a cyber crime case. 

Telegram’s Temporary Ban Not a Solution for Systemic Issues Plaguing Education Sector

The government’s temporary ban on a messaging platform Telegram to prevent exam paper leak ahead of NEET re-exam is mistaking smoke for fire. It is also likely to deepen concerns for technology companies operating in India.

Also, Indian laws’ expanding interpretation to the IT Act and rules especially around intermediary liability in a series of court rulings might lead to making India a less than conducive market for the big tech. For platforms that are already facing a fairly rigid compliance and regulatory framework under the IT laws, the HC ruling allowing the ban also reinforce the view that courts are increasingly willing to agree with executive action against businesses. 

While fixing accountability is without a doubt desired, holding platforms responsible for user action by blocking the entirety of the platform creates greater uncertainty for the companies operating here. Intermediary liability has been touted as one where the platforms will be held liable should they fail to act against undesired user activity originating from their platform. 

Blocking public access to a service enmasse to pre-empt or prevent a spread, and getting court’s approval over this action will embolden the government authorities to keep pursuing large scale punitive action against online platforms, as a quick fix shortcut, rather than address the real issue, which in Telegram’s case, is the systemic issue leading to paper leaks.

Key Judgments:

• The Delhi High Court has held that social media platforms can be blocked in entirety under Section 69A of the Information Technology Act, while upholding temporary ban on messaging app Telegram

• The Supreme Court has recognized right to walk safely on footpaths as a fundamental right of the citizens

Courts: 

• Actor Preity Zinta secures Bombay High Court’s nod to sue platforms like Google, Meta over spreading of deepfake content involving her

• Supreme Court clears Reliance Industries’ proposal for development of open spaces along Mumbai’s coastal road and directs BMC to consider the master layout

Quasi Courts: 

Others:

• Tushar Mehta gets reappointed as the Solicitor General of India along with re-appointment of five ASG’s for Supreme Court for a term of five years

The Big Listings:

• Supreme Court, Delhi High Court will be on summer break this week

• Jun 23: Securities Appellate Tribunal to hear appeal by Jane Street challenging SEBI’s move to allegedly refuse access to important documents to the firm in the case against it

• Jul 15: Delhi High Court to hear Apple Inc.’s plea against India’s competition law’s provisions on global turnover-based penalties on MNC

• July: Supreme Court to hear PIL petition seeking tighter probe into Anil Ambani’s fraud allegations

• Jul 27: Delhi High Court to hear Anil Ambani’s defamation lawsuit against NDTV

* The dates of hearing can change and a concrete list is prepared just a day before

Legal Moves: 

• Khushboo Butail joins White & Brief as partner

• Meera Moganasundaram elevated as partner at Samvad:Partners

• Mukul Baveja and Apoorva Murali leave SAM to join Trilegal