The recent arrest of Pavel Durov, the co-founder and CEO of Telegram by the French authorities has raised debates between the free speech supporters and the dissidents of unregulated content.
Why was CEO Pavel Durov arrested?
- Pavel Durov was arrested during a French investigation into alleged criminal activities facilitated by the platform, including drug trafficking and child pornography.
- Although Durov himself is not accused of direct involvement in these crimes, his platform’s moderation practices are under scrutiny for failing to adequately address illegal content.
- It raises questions about the responsibilities of tech companies in regulating user-generated content.
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About Telegram
- Telegram is a popular cloud-based messaging application. It is more than just a messaging app as it provides many social networking features.
- Telegram offers encryption, but it does not use full “end-to-end” encryption like Signal or Whatsapp.
- This means that some messages related to criminal activity, disinformation, and child pornography can be read by Telegram. These messages can be shared to law enforcement agencies.
- Telegram allows users to maintain a high degree of anonymity, with no requirement to share personal information for basic use.
- Telegram uses a distributed network of servers across different countries, making it difficult for governments to control or shut down access.
- Telegram claims its moderation practices meet industry standards, but investigations show that the platform ignored requests to curb illegal activities.
Universal Declaration of Human Rights (UDHR)
- According to Article 19 of UDHR, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.
- However, this free speech is not absolute and is subject to certain restrictions for public order, morals and public health is something that has been codified in the UDHR.
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Arguments by the Supporters of Free Speech
- Assault on Free Speech Rights: Durov’s arrest is seen as a direct attack on free speech and association, aiming to suppress dissent.
- Advocacy for Free Expression: Critics argue that arresting Durov threatens global free expression and could lead to broader censorship.
- Role in Facilitating Dissent: Telegram is a crucial tool for dissent, and Durov’s arrest could undermine its role in supporting free expression.
- Chilling Effect on Digital Free Expression: The arrest could intimidate other tech platforms, discouraging them from supporting free speech.
- Question of Liability: Supporters argue that Telegram applied content moderation well within industry standards. Thus the question of Durov liability is pertinent.
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Issues With Social Media Platforms:
- Digital vigilantism is a phenomenon in which individuals are collectively aggrieved by the actions of other citizens and organize vengeance via mobile and social media platforms.
- Doxing is the online disclosure of personal information about an individual or an organization.
- Cyberbullying is deliberate and repeated online bullying through the use of electronic means, digital and social media platforms.
- Fake News refers to misinformation that is created or spread with the deliberate intent of causing harm. In the case of misinformation, the element of intent is thought to be absent.
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Ethical Issues Associated
- Navigating Free Expression and Harmful Content: The ethical dilemma of promoting free expression while also needing to prevent the dissemination of harmful materials, including extremist content and child exploitation.
- Duty of Platform Oversight: The moral obligation for platforms like Telegram to actively monitor and curb illegal activities to ensure safe usage.
- Privacy versus Compliance with Legal Authorities: The ethical issue of safeguarding user privacy against the need to cooperate with law enforcement for public security.
- Consequences of Unrestricted Free Speech: The ethical implications of advocating for unrestricted free speech, which may inadvertently facilitate illegal or harmful behavior.
- Responsibility of Technology Executives: The accountability of tech leaders in preventing the exploitation of their platforms for illegal purposes.
- Global Standards vs. Local Laws: Navigating the ethical complexities of operating a global platform subject to diverse legal standards and cultural norms regarding free speech and content moderation.
- User Trust and Transparency: The ethical importance of maintaining user trust by being transparent about content moderation policies and actions.
- The Impact on Activism and Dissent: Ethical considerations regarding the potential suppression of legitimate political dissent or activism when moderating content.
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Way Forward
- Establish Robust Regulations: Develop and enforce clear rules for content moderation that balance the protection of free speech with the prevention of harmful content.
Global Precedents to Regulate Social Media Platforms
- Digital Services Act (DSA) – European Union: The law mandates online platforms, including social media, to quickly remove illegal content, protect user rights, and ensure transparency in advertising and content moderation.
- USA: Section 230 of the Communications Decency Act of 1996 , provides immunity to online platforms from civil liability based on third-party content and for the removal of content in certain circumstances.
- Network Enforcement Act (NetzDG) – Germany: Requires social media platforms to remove illegal content such as hate speech and defamation within 24 hours of notification.
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- Ensure Transparency in Policies: Social media platforms should clearly define their content policies and maintain open communication with users about these guidelines.
- Enhance Content Moderation: Implement a combination of advanced artificial intelligence tools and human moderators to effectively identify and eliminate harmful or illegal content.
- Work Closely with Authorities: Collaborate with law enforcement agencies to prevent illegal activities on the platform while safeguarding user privacy rights.
- Raise Public Awareness: Educate users about the importance of responsible social media use and the risks associated with spreading misinformation.
- Balance Free Speech with Platform Responsibility: Telegram should take steps to regulate content that promotes illegal activities such as extremism, drug trafficking, and child exploitation, without compromising on free expression.
- Adopt Best Practices from Other Platforms: Learn from the approaches of platforms like WhatsApp, which has successfully implemented measures to reduce the spread of misinformation.
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August 30, 2024
