India's intermediary liability regime is facing fresh pressure after Russia's domestic security agency charged Telegram founder Pavel Durov with aiding terrorism and placed him on an international wanted list, according to businessline. Legal experts in India told businessline it was time to review the country's intermediary liability framework to ensure companies do not misuse 'safe harbour' protections.
Russia's action against Telegram founder
According to businessline, reports said the Russian action is part of a long-running effort to tighten state control over the Internet that has intensified since Moscow's invasion of Ukraine in February 2022. Durov, who was born in Russia, now holds French and UAE citizenship and lives in Dubai.
Expert call to review Section 79 and intermediary liability
N S Nappinai, Senior Advocate at the Supreme Court and founder of Cyber Saathi, told businessline there was "rampant misunderstanding" of the scope of Section 79 of the Information Technology Act, resulting in abuse and weak enforcement.
"Telegram has been misused for many a crime. They needed to review their platform and take proactive measures to curb misuse. Merely relying on safe harbour provisions in some jurisdictions was inherently a flawed approach. One should hope that with such actions from some jurisdictions, the chat app will improve its preventive and protective measures," she said.
In the Indian context, the government should first ensure that existing laws are effectively enforced against intermediaries, including messaging platforms. "It may also be expedient to review and recast intermediary definitions and liabilities," she added.
India's recent platform actions and national security powers
Mahesh Uppal, Director at ComFirst (India), said it was difficult to determine whether Russia's action was driven solely by law enforcement or political considerations.
"Telegram has been talked about in the context of people abusing it for illegal activities. It is very difficult to say whether there is something new that has emerged or whether the Russian government has decided to act on existing complaints," he said.
From India's perspective, he noted that the government already has powers under the IT Act to act against platforms on national security grounds. "For example, TikTok was banned some time back," he added.
The Indian government had recently banned Telegram for a week during the NEET-UG examination over alleged paper leaks. Durov had criticised the move, saying: "The ban hasn't stopped anything. The leaks just moved to other apps."
Encryption, privacy and law enforcement
Mishi Choudhary, technology lawyer and founder of Software Freedom Law Center India (SFLC), said: "There is no direct impact on users in India. But if Russia, France and other jurisdictions continue taking increasingly aggressive positions toward platform executives, Indian policymakers may point to an emerging international trend. The real point is how to address genuine law enforcement concerns without undermining encryption, privacy and due process."
The expert positions reported by businessline are summarised below:
| Expert | Role | Key point |
|---|---|---|
| N S Nappinai | Senior Advocate, Supreme Court; founder, Cyber Saathi | Review and recast intermediary definitions and liabilities; enforce existing laws; platforms should take proactive measures |
| Mahesh Uppal | Director, ComFirst (India) | Existing IT Act powers already allow action on national security grounds; Russia's motives unclear |
| Mishi Choudhary | Technology lawyer; founder, SFLC | Balance law enforcement with encryption, privacy and due process; no direct impact on Indian users |
For Chief Technology Officers and digital platform operators in India, the developments highlight the need to treat intermediary liability as an operational risk rather than a compliance afterthought, according to the experts interviewed by businessline. Nappinai's assertion that Telegram needed to review its platform and take proactive measures to curb misuse suggests that enterprises running user-generated-content platforms should audit their own content moderation and grievance-handling mechanisms before regulators step in. Uppal's reference to the government's existing powers under the IT Act reinforces that platforms face national-security shutdowns similar to TikTok's ban, without waiting for new legislation. Choudhary's warning about encryption, privacy and due process indicates that any response from Indian authorities must be calibrated to maintain user trust and legal standards.
The businessline report was published on July 29, 2026.
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