The arrest of the founder of the app Telegram, by Pavel Durov, is extremely significant in France. The basis of internet communication is that platforms are not responsible for the content shared by their users. But that does not mean that everything can be said on a network. app has its moderation criteria; Instagram, for example, does not allow porn, while X and Reddit do. But porn is legal in most countries. What about illegal content such as terrorism, pedophilia, drug trafficking or hate speech?
Each platform moderates illegal content as best it can, and all of them receive thousands of requests from governments to reveal the identity of users who share criminal content. Most companies accept these requests and cooperate with the authorities. The French Prosecutor’s Office has published the charges against Durovwhich refer to their “complicity” or lack of attention and collaboration with authorities by allowing the dissemination of child pornography or illegal and drug transactions, collaborating in fraud or even “associating with criminals,” which is punishable by five years in prison.
Elon Musk also believes that “moderation is another word for censorship.” Telegram has almost a billion users and, of the big platforms, it is the one that collaborates the least and has the most leeway. The company itself says that “its moderation continues to improve” and that “it is absurd to argue that a platform or its owner is responsible for abuse on that platform.” But in the meantime, as far as we know so far, France has arrested and prolonged Durov’s captivity on Monday.
⚖️ Telegram abides by EU laws, including the Digital Services Act — its moderation is within industry standards and constantly improving.
✈️ Telegram’s CEO Pavel Durov has nothing to hide and travels frequently in Europe.
😵💫 It is absurd to claim that a platform or its owner…
—Telegram Messenger (@telegram) August 25, 2024
To understand what is at stake in this case, there are important details:
1. Better to think of it as a social network
To understand what Telegram is, it is easier to think of it as a social network that allows private messages. The reason for Telegram’s success is the massive groups that allow messages and comments, that is, the basis of Telegram is millions of communities around a person or topic: Alvise Pérez, Tsunami Democràtic, cryptocurrencies, mobile phone offers, the Covid vaccine or cats. The variety is endless.
In this variety, content that most countries consider illegal slips in. A recent example occurred in Spain, when the National Court wanted to block Telegram in Spain because it distributed television content with copyright. On Telegram there are channels that broadcast live football matches, series, movies or allow book downloads.
2. Moderation is scarce
In its rules, Telegram says it restricts he spamthe promotion of violence, illegal sexual content and “activities that are recognized as illegal in most countries,” such as the sale of drugs, weapons, false documents or the publication of private details.
The problem is how to find and remove such content from millions of groups, accounts and users. Telegram says it uses a combination of artificial intelligence, manual moderation and user reports, though “we will always favour the least restrictive measure possible to maintain a safe digital environment and decisively tackle malicious content.” This combination of permissiveness and lightness in moderation makes the platform ungovernable. Pavel Durov finds this acceptable, a European government does not.
3. The platform is not so secure
The big confusion with Telegram stems from its alleged security. Two things are confused here: one, Telegram is based in Dubai, far from the most restrictive laws in the world, and its founder claims to be a libertarian, which has given his product this aura of a paradise for political activism and radical opinions. But, and this is point two, Telegram is not encrypted by default. The company itself, or whoever has access to it, can see what each user writes or shares in mass channels. Only for conversations. secret Encryption can be activated between two users, but both users must do so voluntarily; it is not standard.
The big difference here is that if France had arrested Mark Zuckerberg, the person responsible for Meta would not be able to give access to the messages or photos of its users on WhatsApp (yes, to their identity or to who speaks with whom) because they are encrypted, as is also the case with Signal, Threema or others.
Durov’s arrest has sparked theories not only about moderation, but also about alleged French interest in confidential user information. Of course, there is also speculation about Russia’s apparent access to Telegram content.
4. The curious case of Russia
Pavel Durov is Russian and also has a French passport. He became famous for creating VKontakte, the Russian Facebook, which he had to abandon due to pressure from the Kremlin. Now, however, Telegram is the only major messaging app allowed in Russia. Meta apps are banned and YouTube is about to be blocked as well. China has had Telegram closed since 2015.
The suspicion of Durov’s collaboration with Russia stems from this. Why is Telegram not bothering Russia, but the others are? The company denies any such suggestion.
5. Is it good for activism?
If Telegram were to encrypt its groups, it would be technically much more complex for each community to have so many members. The decision not to encrypt is a competitive advantage over its rivals. But its users, especially in conflict zones or under authoritarian governments, should know that Telegram may not share their data but there are government cyber agencies that have the ability to access that information. It is also easier to create fake government campaigns to deceive unsuspecting citizens.
Despite all this caution, it remains a tool that allows the free communication of information for millions of citizens, in many cases against their governments. Its end or decline would be news of an impact that is difficult to measure. That positive use would be undermined if Durov, the only visible face of Telegram and central to its operation, ended up behind bars.
6. Freedom of expression and Europe
Elon Musk has ridiculed the French action against Durov: “In 2030 in Europe you will be executed for liking a meme.” At the heart of the issue is the debate on the limits of freedom of expression. For Musk, the left uses these measures to end up censoring ideas that it does not like.
In Europe, things look different. Guy Verhofstadt, former Belgian prime minister, told X that “Telegram is at the heart of global cybercrime. Freedom of expression comes with responsibilities.”
Beyond this endless debate, it remains to be seen what Brussels will do. When the Spanish National Court abandoned the idea of blocking Telegram, one of Judge Pedraz’s reasons was that it should be a European battle, not a national one.
Telegram claims to have 41 million users in Europe, just below the 45 million threshold that the European Union has set for a “very large online platform” that falls under the new Digital Services Regulation. Telegram uses a peculiar formula to avoid falling under the new law’s obligation to share information with authorities: “Some non-essential elements of the services provided by Telegram may qualify as “online platforms” under the DSA.” [siglas en inglés del Reglamento de Servicios Digitales]. As of August 2024, these services had significantly fewer than 45 million average monthly active users in the EU over the previous 6 months,” so they do not fall under the new directive.
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