EDITORIAL | Telegram Cannot Wash Its Hands of Abuse by Criminals

To what extent should operators of social media platforms and apps be held accountable? That is the question posed by the recent arrest of Pavel Durov, co-founder and CEO of Telegram, in France.

Telegram is an encrypted messaging platform and communications app used by 900 million people worldwide. Prosecutors have announced that they have begun a full-scale investigation into its operation and will likely indict the entrepreneur. 

According to the French prosecutors, Telegram ignored its duty to monitor the content of posts on its app. Instead, it allowed users to post content related to the distribution of child pornography, fraud, and drug trafficking. Alleging that this constitutes "aiding and abetting organized illegal activity," prosecutors have filed criminal charges against Durov.

Loved by Dissidents and Criminals

Telegram was co-founded by the Russian-born Durov, who is now a French citizen. The app is known for encryption capabilities that ensure a high degree of privacy for the posts it carries. It also incorporates an automatic deletion function. 

It is popular with dissidents living under dictatorial regimes. However, its use as a communication tool for criminals has created problems.

In Japan, for example, it has been used as a communications mode by the fraud ring involved in the "Luffy" crimes. It has also been used by criminals recruiting for illegal part-time jobs (yami baito). Thus, it has made investigations more difficult. 

Responsibility of Operators and Platforms

Telegram's Dubai-based operations headquarters has issued a statement severely criticizing France. Of course, communication confidentiality is certainly important. However, given the current public nature of social networks, it is only common sense to believe that operators and platforms of apps should have a major responsibility for the soundness of the information environment.

While the arrest of an app developer is certainly unusual, Japan actually led the world in this respect 20 years ago. That was in 2004, when the developer of the file-sharing software "Winny" was arrested and indicted on suspicion of aiding and abetting copyright infringement.

Critics in 2004 brought up arguments like, "If speeding violations increase on a broad highway, should the people who built the highway be charged with a crime?" It can hardly be said that a consensus was reached at that time. 

Onslaught of False Information

The developer of Winny was found not guilty. However, the internet environment has changed drastically since then. It has carried a flood of false information and slander that divides society. Meanwhile, false advertising that draws unsuspecting people into fraudulent schemes has become rampant.

Platforms and apps have been lethargic in responding to illegal posts and ads. That has resulted in ever-growing criticism of the way they operate. 

Finding the Right Balance

Durov has been released on bail. However, he still remains under judicial supervision within France. 

The Telegram case has complex aspects. Various countries use Telegram for intelligence purposes and the incident is also being discussed in the context of Franco-Russian relations. 

However, we must not lose sight of the essential need to maintain both "freedom of expression and safety" on the internet. There will be heavy scrutiny over whether and how the French authorities prove the criminal responsibility of the Telegram CEO. The same holds for whether the French can share the information they learn with the world. 

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(Read the editorial in Japanese.)

Author: Editorial Board, The Sankei Shimbun