Investigation Launched Over Non-Compliance
Dutch prosecutors and law enforcement are scrutinizing Telegram for its insufficient cooperation with requests to remove illegal content from the platform. In a recent letter to Parliament, the Dutch state secretary for Justice revealed that the Public Prosecutor’s office found that Telegram frequently disregards Notice and Action requests that seek the removal of various criminal materials. The investigation aims to determine the extent of Telegram’s compliance with judicial orders designed to block access to unlawful content.
CEO’s Arrest Sparks Concerns
The scrutiny on Telegram intensified following the arrest of CEO Pavel Durov in France earlier this year. Durov’s arrest occurred amid a broader investigation into Telegram for failing to address serious offenses such as fraud, drug trafficking, organized crime, and the promotion of terrorism. With a reported 41 million active users in the EU, Telegram has gained notoriety for enabling the spread of disinformation and extremism, raising alarms among global governments.
Authorities Explore Various Action Options
The Dutch Ministry of Justice is examining multiple avenues for enforcing the removal of illegal content on Telegram. This exploration involves collaborations with the Public Prosecutor, the Data Protection Authority, and the Consumer and Markets Authority (ACM). The investigation encompasses a wide variety of criminal offenses, ranging from online drug and weapon trafficking to terrorism and child sexual abuse material. The outcomes of this inquiry will inform potential follow-up actions against Telegram, as indicated by the state secretary.
Clarity on Digital Services Act (DSA) Needed
The introduction of the Digital Services Act (DSA) in February aimed to give regulators additional power to manage illegal content on online platforms. However, the letter to Parliament noted that the DSA’s application to Telegram remains ambiguous. The DSA requires platforms to assess systemic risks and enforce content moderation; however, it’s unclear how these requirements will specifically apply to Telegram’s public chat groups and private conversations.
Pending Regulatory Approvals Impact Oversight
The Netherlands is one of several EU countries facing scrutiny for delaying the DSA’s implementation. The ACM is expected to oversee DSA compliance in the Netherlands, but it currently lacks full authority until legislative approval is granted. Telegram, having chosen Belgium as its legal representation, will be monitored under Belgian law by the BIPT until it qualifies as a Very Large Online Platform when oversight will shift to the European Commission. However, Belgium has yet to finalize its regulatory framework, hindering effective supervision. As the situation evolves, Telegram remains silent on the matter, having been reached for comment.
SOURCE: Ref Image from DL News
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