Lack of Moderation, A Crime? Telegram's Founder Arrest Raises Questions - Internet Sans Frontières
Paris, August 26, 2024 – Internet Without Borders expresses its concern following the arrest of Pavel Durov, founder of the messaging platform Telegram, which took place on August 24, 2024, at Le Bourget airport in France. While this arrest is reportedly related to allegations of failure to moderate illegal content, particularly those related to organized crime, Internet Without Borders must emphasize the crucial importance of respecting the fundamental principles of the rule of law, including the right to safety and the legality of offenses and penalties.
Our organization has always advocated for greater moderation by platforms, in compliance with the principles of international law, says Julie Owono, Executive Director of Internet Without Borders. But this arrest puts us in a delicate position: we understand the frustration of law enforcement with Telegram’s lax moderation policy; does this frustration justify introducing an equivalence in a democracy like France, that could have repercussions far beyond the Durov case? At what level do authorities consider that there is sufficient moderation?
Online content moderation is an urgent, complex, and sensitive issue. For Internet Without Borders, digital platforms, especially those with a global reach like Telegram, have a significant responsibility in combating illegal and dangerous content. Their inaction exposes them to laws, some of which are often criticized for their lack of precision and the worrying precedents they create. The use of social networks by violent groups to spread their propaganda and recruit is a real danger that must be fought with the utmost firmness. Serious moderation that respects the principles of international law, legality, proportionality, and necessity is essential to ensure the balance between freedom of expression and public safety.
It’s a double edged sword, adds Susan Benesch, the Founder and Director of the Dangerous Speech Project. When turned on by users, encryption features allow users to protect themselves from surveillance, including by Government entities. Telegram is an also place where activists and citizens organize against authoritarian regimes. But encrypted spaces on Telegram are also a haven for the most dangerous groups.
Tools of freedom should not be used to stifle fundamental freedoms, according to Anastasia Kirilenko, a member of the coordinating council of the Free Russia Forum, and a regular collaborator of Internet Without Borders. Pavel Durov is aware of this: in November 2023, he shut down channels calling for pogroms in the Russian Caucasus. For now, he has chosen not to do the same for other oppressive groups: for example, the ‘morality guards’ commit acts of violence against young girls who allegedly don’t respect Chechen traditions. They organize themselves in Western European countries, on Telegram.
The arrest of Pavel Durov raises crucial questions about the limits of platform liability and the need to strictly define offenses and penalties. This event could set a concerning precedent where platform leaders are criminalized for alleged moderation failures. The effects on digital freedoms would be disastrous. It is essential that actions against platform leaders respect the principles of the rule of law.
Internet Without Borders calls for an approach that preserves both citizen safety and fundamental rights. A complex balance that requires international cooperation between states, companies, and civil society organizations to define transparent legal frameworks that respect democratic principles.
We urge the authorities to guarantee a fair trial to Pavel Durov, in accordance with international and French human rights standards, particularly those related to his defense rights.