Pavel Durovs Arrest Puts EU in the Hot Seat Over Digital Laws

The arrest of Telegram’s co-founder, Pavel Durov, in Paris, has pushed Telegram into an intense spotlight. Accusations of organized crime and other serious allegations now loom over the platform.

Pavel Durov, the co-founder of Telegram, was arrested last Saturday night as he stepped off his private jet in Paris. This sudden event has thrust Telegram into an unprecedented spotlight.

The arrest centers around grave charges involving organized crime, child sex abuse images, fraud, and money laundering on the platform. This development escalates the stakes for the European Union, which has pioneered ambitious internet regulations, particularly the Digital Services Act (DSA).

Implemented in November 2022, the DSA aims to hold massive online platforms accountable, requiring them to eradicate illegal content, protect minors, and tackle disinformation and other online hazards.

Despite the situation, the European Commission has distanced itself from the French investigation. A spokesperson clarified, “It is purely a criminal investigation at national level, carried out by the French authorities based on French criminal law. It has nothing to do with the DSA.”

However, the serious nature of the charges against Durov intensifies the scrutiny on the commission and Belgium, which oversees Telegram’s regulation within the EU. Jan Penfrat from the European Digital Rights group (EDRi) questioned, “If there is such a big problem with content moderation that it is actually criminally relevant, why hasn’t that been addressed under the DSA yet?”

Telegram, a hybrid messaging service and social network, has been a cause for concern among European politicians for months. While it has supported pro-democracy activists in places like Russia, Hong Kong, and Iran, it has also become a hotspot for extremists, criminals, conspiracists, and pro-Kremlin propagandists.

Efforts to monitor Telegram have been ramped up in some countries. In Lithuania, special police units focus on the platform to combat drug trafficking. Meanwhile, in the Netherlands, police reported minimal cooperation from Telegram after journalists found millions of drug-related messages on the platform.

Operating from the United Arab Emirates, Telegram has grown to nearly a billion users globally while facing limited regulation. In the EU, however, it now encounters new demands under European law, despite claiming only 41 million active monthly users in the region.

Enforcing these laws might be challenging. Belgium, among six EU member states, is criticized for not empowering its “digital services coordinator,” the entity responsible for enforcing the DSA. Although charged with DSA enforcement, the Belgian Institute for Postal Services and Telecommunications lacks the necessary authority to investigate platforms like Telegram.

Telegram might soon come under more direct EU scrutiny. Until now, it has avoided the toughest regulations, which only apply to platforms with over 45 million monthly active users. Senior EU officials question Telegram’s reported user numbers.

Vĕra Jourová, a European Commission vice-president, expressed her doubts, stating, “Telegram is an issue. We are now checking whether the figure is right.” She emphasized that even smaller platforms could pose significant risks, citing Telegram’s influence in eastern EU nations with large Russian-speaking populations.

Currently, the European Commission is “carefully analysing” Telegram’s user data. They have stated, “Once we come to a clear conclusion, we will not hesitate – if they meet the threshold – to designate Telegram as a VLOP (Very Large Online Platform).”

As these discussions continue, Telegram is required to disclose its latest EU user data by the end of this month. Telegram has yet to comment on this matter. Following Durov’s arrest, the company insisted it complies with EU laws, including the DSA.

Digital campaigners argue that Telegram must improve transparency. Jan Penfrat from EDRi noted, “An online platform of that importance with that large user base, even if it isn’t officially designated a VLOP, is just way too important in order to operate with that level of opaqueness.”

Penfrat stressed the need for public and regulatory awareness: “The public needs to know what’s going on and obviously regulators need to know in order to be able to do their job.”

The arrest of Pavel Durov has sparked a critical debate about the enforcement of European digital laws and the future regulation of platforms like Telegram. As the EU steps up scrutiny, the balance between maintaining a safe online environment and fostering digital innovation hangs in the balance.

Source: Theguardian

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