2024-08-29 18:47:00
The encrypted messaging service Telegram is the subject of much attention, including that of the European Union. The latter could indeed soon strengthen the regulatory constraints applying to Telegram, independently of the indictment in France of its boss Pavel Durov, suspected of inaction against the dissemination of criminal content on the messaging service.
As a reminder, since February, new European legislation, the Digital Services Regulation (DSA), has imposed a series of obligations on all online platforms present in the EU to better protect users against illegal content.
Although it does not apply to private messaging activities such as Signal or WhatsApp, a service also offered by Telegram, it does however concern the ” social network » of the platform, that is to say the open discussion groups, accessible to all users.
The DSA requires platforms to set up a system for reporting problematic content and to take action “ promptly » to remove any illegal content as soon as they become aware of it. They must also inform the judicial authorities as soon as they suspect a « serious criminal offence “threatening” the life or safety of persons ».
Two separate subjects
The Telegram boss was indicted on Wednesday in Paris for numerous offences, including complicity in misdemeanours and crimes (drug trafficking, pedophilia, fraud and money laundering in an organised gang) and ” refusal to communicate information necessary for interceptions authorized by law “These accusations therefore appear to overlap with certain obligations of the European regulation.
But, questioned by AFP on the investigation carried out in France, the European Commission nevertheless underlined the disconnection between the two subjects. It is not for the Commission to comment on a national investigation falling under national criminal law. “, said one of its spokespersons, Thomas Regnier. Criminal prosecution is not among the potential penalties for violating the DSA. ” he recalled.
The European regulation provides for sanctions only against companies, in particular in the form of fines. In the event of serious and repeated violations, platforms may also be banned from all activity in Europe.
In addition, Telegram, whose legal representative for Europe is based in Brussels, currently falls under the authority of the Belgian regulator, which is not yet fully operational to enforce the DSA. This led to the Commission opening infringement proceedings against that country in July.
As things stand, ” The Commission has no jurisdiction over possible breaches “, insists Thomas Regnier. But this could change soon. The European executive is in fact responsible for supervising the ” very large online platforms “, those with active users in the EU exceeding 45 million people. The list of actors concerned currently includes 25 platforms including social networks X, TikTok, Facebook and Instagram.
Telegram in the sights of the DSA
Telegram reported 41 million users in the EU in February for its DSA-protected business. It claims 900 million users worldwide across all its services. But in August, the platform failed to comply with its obligation to update that figure. It simply stated that it had “ significantly less than 45 million » users in the EU.
The Commission’s scientific service, the Joint Research Centre (JRC), is currently working to calculate its own estimate. If it comes to a figure higher than 45 million, the Commission, which acknowledges that it has “doubts” on Telegram’s claims, could unilaterally proceed to designate it as ” very large platform ».
In addition to direct supervision by Brussels, the application would then be subject to new constraints such as the obligation to conduct an analysis of the risks linked to its services, to provide access to its algorithms to approved researchers and to submit to external audits.
Among the ongoing disputes, the European Commission accused social network X in July of violating DSA rules on combating disinformation, opening the way to heavy fines. Its conclusions are expected in the coming weeks. Telegram fully complies with European digital rules “, said Pavel Durov’s lawyer, David-Olivier Kaminski.
(With AFP)
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