08/31/2024 – 17:29
The arrest in France of Pavel Durov, CEO of the messaging app, has reignited debate in the EU over how to hold the social network accountable for abuses. The case could set a dangerous precedent, digital rights advocates warn. What to do with a social network that appears unwilling to follow the dictates of a country’s authorities in combating harmful and illegal content?
The issue is at the center of a debate sparked by the arrest and investigation in France of Telegram CEO Pavel Durov – and, more recently, by the suspension of X (formerly Twitter) in Brazil by Minister Alexandre de Moraes of the Federal Supreme Court (STF).
Julian Jaursch, an expert on platform regulation at the Berlin think tank Interface, sums up the dilemma as follows: “It’s about what EU member states and the EU, or other democratic countries, do with platforms that don’t follow the rules and refuse to provide information to the authorities.”
Durov was detained on the 24th at Le Bourget airport in Paris, after returning in his private jet from a trip to Azerbaijan.
After spending more than 80 hours in police custody, the businessman was released and formally indicted for allowing the dissemination of harmful content on Telegram.
Since his arrest, Durov’s supporters – including billionaire Elon Musk, owner of X – have come to his defense, calling the French authorities’ actions censorship.
France, for its part, denies the accusations. Via X, President Emmanuel Macron stated that the arrest was “in no way a political decision”.
“In a state governed by the rule of law, freedoms are guaranteed within a legal framework, both on social media and in real life, to protect citizens and respect their fundamental rights,” Macron said. “It is up to the judiciary, in a completely independent manner, to apply the law.”
Digital rights advocates, however, told DW that they were concerned about the actions of French authorities. They warned that the case could set a precedent, leading other countries to force social networks to comply with overly broad or even illegal measures.
“It could also lead other social networks and media platforms to adopt stricter content moderation measures that could lead to censorship,” said Natalia Krapiva, technology legal adviser at the NGO Access Now. “This would harm all users, but especially civil society activists and independent media, which already operate in repressive environments.”
Pro-democracy tool – and criminal haven
Telegram, more than any other major social network, is famous for its minimal content moderation. This has made it an important tool in organizing pro-democracy activist efforts from Iran to Hong Kong.
However, Telegram has also become a safe haven for extremists and conspiracy theorists, as well as a tool for cybercriminals.
French authorities have launched an investigation into Telegram after the company ignored most requests for cooperation in investigating crimes committed using the platform, according to a statement from the Paris prosecutor’s office.
When Durov was released, it was announced that he was being investigated for a series of crimes: alleged complicity in the operation of an online platform facilitating illegal transactions, dissemination of material depicting sexual violence against children, promotion of drug trafficking, fraud and provision of an unlicensed encrypted messaging service.
In response, one of Durov’s lawyers told reporters that it was “completely absurd to think that the head of a social network could be involved in criminal acts that do not concern him, directly or indirectly.”
Next steps in France and the EU
In the French justice system, a formal investigation is a prerequisite for a case to go to trial, but it is not a guarantee that a trial will take place. If authorities conclude that there is insufficient evidence, the case may be dropped before trial.
For now, Durov is not allowed to leave the country and has to report to police twice a week, according to the Paris prosecutor’s office.
As the investigation in France gathers pace, attention is also turning to the EU, which is leading efforts to regulate digital platforms in the bloc.
In late 2022, the EU passed the Digital Services Act (DSA), a sweeping regulatory framework designed to hold social networks accountable for what happens on their platforms.
Jan Penfrat of the Brussels-based digital rights organisation EDRi stressed the need for the EU to enforce the DSA and address the role of Telegram.
“With all eyes on Telegram and the situation in France, EU authorities need to act now,” Penfrat told DW. “Otherwise, people will start to see the DSA as a paper tiger.”
One key issue is the number of Telegram users in the EU. The DSA makes platforms deemed “very large” — those with more than 45 million active users in the bloc — subject to stricter regulations — slightly higher than the 41 million Telegram reported to the EU in February.
The EU is now investigating whether Telegram provided inaccurate figures. If authorities conclude that the company underreported this data, the platform could face a range of penalties.
“The DSA is new and many of its tools are untested, but it includes several measures to force Telegram to better cooperate with authorities,” Penfrat said.
These measures include heavy fines, of up to 6% of global revenue, and even the temporary blocking of these platforms.
“Telegram would put DSA to one of its first major tests,” Penfrat said.
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