Like his recent collection of topless Instagram photos, Pavel Durov, the founder of Telegram, is probably feeling slightly exposed right now under the scrutiny of global powers.
He has just been charged by French authorities for allegedly allowing criminal activity to flourish on his platform. Durov has avoided jail time for now, out on a €5m (£4.2m) bail.
The Russian-born billionaire, who also holds French citizenship, was arrested last weekend amid accusations that Telegram has become a haven for some of the internet’s darkest activities, including child sexual abuse, drug trafficking, and fraud.
Durov’s arrest marks a rare instance of a social media owner being held directly responsible for the actions of users on their platform.
Telegram insists it abides by European laws, saying, “It is absurd to claim that a platform, or its owner, are responsible for abuse of that platform.”
Its founder has previously defended his app’s commitment to free speech and minimal moderation but critics argue that this hands-off approach has allowed the app to become a playground for terrorists, drug dealers, arms traffickers and extremists.
It is absurd to claim that a platform, or its owner, are responsible for abuse of that platform.
Telegram’s reported workforce of around 50 staffers pales in comparison to the tens of thousands employed by giants like Facebook and Instagram owner Meta to monitor content.
Social media regulation
The legal action against Durov comes at a time when social media companies are under increasing pressure to police the content on their platforms.
Recently, messages spread on Telegram fuelled nearly a week of riots, following the tragic stabbings in Southport, UK. The platform shut down the offending channels, including one with over 13,000 members.
Posts inciting the violence also took place on Facebook and X, and the UN initiative Tech Against Terrorism identified a Tiktok account that solely posted inflammatory content about Southport, garnering over 57,000 views in mere hours.
In the wake of the riots, calls for stricter regulations and new online censorship powers have intensified. London Mayor Sadiq Khan has called for a review of the Online Safety Act 2023, which has been criticised for falling short of its goals, particularly in addressing misinformation.
Mark Jones, Partner at law firm Payne Hicks Beach, said the bill could have been pivotal but, in the end, it “provides no additional support to the pre-existing criminal law covering incidents of incitement of violence.”
But, in other factions, the arrest and charging of Durov has sparked fears among some of a “chilling effect,” where social media executives might feel compelled to over-moderate and censor content to avoid legal repercussions.
Mark Zuckerberg, chief of Meta, recently expressed regret for censoring posts on the company’s social networks during the Covid-19 pandemic. He revealed that his company caved into pressure from the US government to remove anti-vaccination posts and other content, including memes.
Unsurprisingly, X owner Elon Musk, whose favourite subject is free speech and who has said that “moderation is a propaganda word for censorship,” has waded into the conversation.
A day after Durov’s arrest, he joked: “POV: It’s 2030 in Europe, and you’re being executed for liking a meme.”
Is a wider crackdown coming?
The European Commission’s ongoing investigation into X for allegedly failing to comply with disinformation regulations, along with calls for stricter laws in the UK following the riots, might signal that the regulatory landscape for social media is tightening.
And the public jury might be in, as sentiment appears to be in favour of holding social media companies accountable. A YouGov poll found that two-thirds of Britons believe social media firms should be responsible for posts inciting criminal behaviour, while 70 per cent think these companies are not regulated strongly enough.
As lines between free speech and responsible moderation continue to blur, Durov’s case could set a precedent for how governments around the world handle social media platforms that fail to curb illegal activity.