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Editorials, The Grid

The Complexity of Enforcing Crime Regulations on Social Media

Pavel Durov’s arrest intensified the scrutiny of Telegram, its responsibilities and the broader implications for social media platforms.

  • Johnson Opeisa
  • 6th September 2024

On Saturday, August 24, an unusual event unfolded in the tech world: Pavel Durov, the founder and CEO of Telegram, was arrested by French police at Le Bourget Airport 11km from Paris, marking what seems to be a first of its kind for a leader of a major digital platform. The BCC reported that Durov was detained on charges related to crimes perpetrated on Telegram and for allegedly failing to implement adequate measures to curb the spread of these illegal activities.

 

As expected, Durov’s arrest sparked mixed reactions. Influential figures, including representatives from Durov’s birth country, Russia, and tech mogul Elon Musk, threw their weight behind him. However, their support didn’t deter French authorities from formally charging the tech entrepreneur and imposing a €5 million bail, alongside a ban preventing him from leaving the country.

 

Telegram’s troubles deepened when South Korean police announced on Monday that they had launched an investigation into the messaging platform for its alleged role in distributing deepfake pornography, which is fueling the rise of digital sex crimes in the country.

 

The situation intensified the scrutiny of Telegram, its responsibilities and the broader implications for social media platforms that’ll be discussed below.

 

Social Media and Crime 

 

To call Telegram the sole haven for criminals on social media wouldn’t be an entirely true statement. The reality is that criminals — from petty fraudsters and scammers to organised crime syndicates — have infiltrated numerous online platforms, exploiting the very social intricacies these platforms offer.

 

Maria Butina, a member of the Russian Parliament, condemned Durov’s arrest as a glaring example of Western hypocrisy. “Elon Musk is free, Mark Zuckerberg is free, but Durov has been arrested because he has Russian citizenship, and he’s being used as a scapegoat,” she said, in an interview shared by Aljazeera.


Maria’s assertion might seem grounded if the charges against Durov were unknown. However, Politico revealed that the tech tycoon is under investigation for six serious charges, including his alleged refusal to cooperate with law enforcement and his complicity in facilitating illegal transactions through his platform.

 

Further reports from Politico also disclosed that French authorities have been conducting an undercover investigation into Telegram for months. This investigation stemmed from Durov’s refusal to cooperate with the French police’s inquiry into child sex abuse that happened on the messaging app.

 

While instances like this might stir emotions, it shouldn’t be forgotten that cooperation in this context would likely mean compromising the privacy of a particular demographic, and ultimately risking the trust of the general user base.

 

However, the dilemma deepens when considering the involvement of minors, a sensitive issue that came to the fore during the January 2024 Senate Judiciary Committee hearing in the United States where CEOs from Meta, X, TikTok, Snapchat, and Discord were grilled on their platforms’ roles in enabling child sexual exploitation and other minor-related crimes.

 

 

Amid the torrent of anger from parents and the grilling questions from lawmakers, one message subtly and distinctly resonated from the executives: these platforms have decent preventive features to shield minors from exploitation, but their power weakens if these measures are circumvented and require a crackdown on the perpetrators.

 

This mirrors the broader challenge faced by social media platforms against crimes today: how far should these platforms go to combat such misuse? Should they sacrifice user privacy to ensure safety even if it seems to undermine the very essence of what they stand for?

 

While there are instances where breaching privacy is necessary, the sustainability of such an approach isn’t feasible. A blanket policy of  “cooperation’’ with law enforcement agencies (Government) could destroy the already stretched trust their users have in them.

 

At the same time, these platforms cannot afford to ignore the real and growing threat of criminal misuse. Telegram’s statement, “It is absurd to hold a platform or its owner responsible for abuse of that platform,” following Durov’s arrest, couldn’t be more misguided. The abuse of a social media platform concerns all stakeholders. Finding a balance between maintaining user privacy and ensuring accountability for illegal activities is not just a legal necessity but an ethical imperative. 

 

The challenge lies in creating policies that protect the vulnerable without compromising the rights of the broader user base.

 

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