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The arrest in France of the messaging app’s chief executive, Pavel Durov, has reignited a debate in the European Union about how to hold the social network accountable for abuse. Digital rights advocates warn that it could set a dangerous precedent: What should be done about a social network that appears unwilling to follow decisions by national authorities to crack down on harmful and illegal content?
This issue is at the heart of the debate sparked by the arrest and investigation of Telegram CEO Pavel Durov in France, and more recently by the suspension of X, formerly Twitter, by Alexandre de Moraes, the highest minister in Brazil’s federal court (STF).
Julian Jaursch, an expert on platform regulation at Berlin think tank Interface, summed up the dilemma this way: “The question is how EU member states and the EU or other democratic countries treat platforms that do not follow the rules and refuse to provide information to the authorities.”
Durov was detained at Paris Le Bourget Airport after returning to his country from Azerbaijan on a private plane on the 24th.
After more than 80 hours in police custody, the businessman was released and formally charged with allowing the spread of harmful content on Telegram.
Since Durov’s arrest, his supporters — including billionaire Elon Musk, owner of Company X — have come to his defense, calling the French authorities’ actions censorship.
France has denied the allegations. President Emmanuel Macron said through X that the arrests were “in no way a political decision.”
“In a state ruled by law, freedoms both on social media and in real life are guaranteed within a legal framework to protect citizens and respect their fundamental rights,” Macron said. “The judiciary should apply the law in a completely independent manner.”
However, digital rights defenders told DW they were concerned about the French authorities’ actions, warning that the case could set a precedent that could lead other countries to force social networks to comply with overly broad or even illegal measures.
“It could also lead to other social networks and communications platforms adopting stricter content moderation measures, leading to censorship. This would harm all users, but primarily civil society activists and independent media, who already operate in a repressive environment,” said Natalia Krapiva, technology law advisor at the NGO Access Now.
A tool to support democracy – and a haven for crime
Telegram is known more than any other major social network for its minimal content moderation, making it a vital tool for organizing democracy activists from Iran to Hong Kong.
However, Telegram has also become a haven for extremists and conspirators, as well as a tool for cybercriminals.
French authorities began investigating Telegram after it ignored most requests for cooperation in investigations into crimes using the platform, according to a statement from the Paris prosecutor’s office.
When they released Durov, they announced that he was being investigated for a range of crimes: suspected conspiracy to operate an online platform that facilitated illegal transactions, dissemination of material depicting sexual violence against children, facilitation of drug trafficking, fraud and supply of drugs on an unlicensed encrypted messaging service.
In response, one of Durov’s lawyers told reporters that it is “completely absurd to think that the head of a social network could be directly or indirectly involved in criminal acts that had nothing to do with him.”
Next steps for France and the EU
In the French justice system, a formal investigation is a prerequisite for a case to go to trial, but it does not guarantee that a trial will take place. A case can be dismissed before trial if authorities deem the evidence insufficient.
Durov is currently not allowed to leave the country and must report to police twice a week, according to the Paris prosecutor’s office.
As the French investigation gathers momentum, attention is also turning to the European Union, which is leading the bloc’s efforts to regulate digital platforms.
At the end of 2022, the European Union adopted the Digital Services Act (DSA), a comprehensive regulatory framework designed to hold social networks accountable for what happens on their platforms.
Jan Penfrat of Brussels-based digital rights group EDRi stressed the need for the EU to apply DSA and address Telegram’s role.
“Everyone is watching the situation with Telegram and France, and the EU authorities need to act now,” Penfrath told DW. “Otherwise, people will start to see DSA as a paper tiger.”
One important question is the number of Telegram users in the EU. The DSA applies stricter regulation to platforms deemed “very large,” meaning those with more than 45 million active users in the EU — slightly more than the 41 million users Telegram reported to the EU in February.
The European Union is currently investigating whether Telegram provided inaccurate data. If authorities determine that the company has underestimated the figures, the platform could face a range of penalties.
“DSA is new and many of its tools have not been tested, but it includes several measures that force Telegram to better cooperate with authorities,” Penfrat said.
These include huge fines of up to 6% of global revenue and even temporary blocking of the platforms.
“Telegram will put DSA through one of its first major tests,” Penfrat said.
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