The unexpected arrest of Pavel Durov, the co-founder of Telegram and a native of Russia, upon arriving in Paris from a private jet last Saturday night, has brought the previously overlooked social network into the limelight like never before.
Durov’s arrest, following an investigation by the Paris prosecutor’s office into organized crime, child sexual abuse imagery, fraud, and money laundering on the platform, also raises the stakes for the European Union, which has implemented some of the most ambitious internet regulations in the world, notably the Digital Services Act (DSA). The DSA, set to take effect in November 2022, aims to govern online platforms that, in the words of EU Commissioner Thierry Breton, are “too large to manage,” requiring them to remove illegal content, safeguard children, and combat misinformation and other online harms.
The European Commission has distanced itself from the French investigation of Durov. A spokesperson stated, “This is solely a national criminal investigation conducted by French authorities in accordance with French criminal law.” They added, “It is unrelated to the DSA.”
The allegations against the 39-year-old tech magnate have intensified pressure on the European Commission and Belgium, the member state responsible for regulating Telegram on behalf of the EU. Jan Penfrat of the European Digital Rights Group (EDRi) questioned, “If content moderation is such a significant problem that it leads to criminal cases, why hasn’t the DSA addressed it yet?”
Telegram, a hybrid messaging service and social network with around 200,000 users, has been a cause for concern among European officials for some time. Despite attracting nearly a billion users worldwide, the service now faces stricter regulations under European law, despite having only 41 million monthly active users in the EU.
Enforcement of the law may face challenges, as some EU member states, including Belgium, are facing legal action for not appointing the Digital Services Coordinator, the entity responsible for implementing the DSA. Belgium has tasked the enforcement of the DSA to an organization that lacks the authority to investigate Telegram.
EU officials doubt Telegram’s assertion that its 41 million monthly active EU users place it just below the threshold for the strictest regulations. European Commission Vice-President Vera Jourova expressed concerns over Telegram’s impact in certain member states.
The European Commission is reviewing Telegram’s user data to determine if it meets the criteria to be recognized as a “very large online platform.” Discussions between the Commission and Telegram are ongoing, with the platform required to publish its latest monthly user data by the end of the month.
Activists emphasize the importance of transparency from Telegram. EDRi’s Penfrat stated, “An online platform with such a significant user base should operate with more transparency, even if it is not officially considered a VLOP (very large online platform).”
“The public and regulators need to be informed about the platform’s operations,” Penfrat emphasized.
Source: www.theguardian.com