Australian regulator sues Telegram over failure to remove violent content

Allegation: Violation of removal orders

In the statement of claim filed at the Federal Court, eSafety accuses Telegram of having ignored several binding orders issued last year. Among other things, posts had been brought to its attention that referenced real acts of violence. Australian regulation obliges platforms to block or delete certain content within specified deadlines.

Telegram commented in a written statement to AP on Thursday and pointed to the protection of its users' privacy as well as the role of the service in pro-democracy movements. „Telegram stated in its written statement provided to The Associated Press on Thursday that it is committed to protecting user privacy and human rights including freedom of expression and assembly, and said it has played a prominent role in pro-democracy movements in Iran, Russia, Belarus, Myanmar, and Hong Kong.

Telegram points to freedom of expression

The case fits into a series of similar proceedings in which regulators worldwide are taking action against major messaging platforms. In recent years, Telegram services have repeatedly been linked to recordings of serious acts of violence, for example in connection with incidents in Buffalo and Christchurch. Observers also see Australia's move as a signal to other providers.

Inman Grant also referred to the personal biography of Telegram founder Pavel Durov and echoed previous statements according to which Durov, following his detention in France, should assume personal responsibility for the service's content policy. According to the authority, the lawsuit is not aimed at banning the service, but at enforcing existing Australian law.

Potential consequences if convicted

If the court rules in favor of the lawsuit, Telegram faces fines in the millions under Australia's online safety law. Further orders, such as requiring the submission of moderation data, would also be possible. The eSafety authority announced that it would carefully monitor the outcome of the proceedings and, if successful, work toward a broader application of the regulations.

Data protection and press freedom organizations are watching the matter with keen interest. They fear that, beyond the specific content, the lawsuit could raise fundamental questions about the encryption and moderation of encrypted channels. In its statement, Telegram itself explicitly appealed for understanding for those users who depend on encrypted communication, for example in authoritarian contexts.

According to legal experts, the proceedings are likely to last several months. Until a fundamental ruling is made, the authority expects heightened public interest, as the balance between platform regulation and freedom of expression must continually be recalibrated. Australia's government announced that it would closely follow the court proceedings without taking a position on the substance.

Internet law experts see the move as another attempt to extend the reach of national regulations to globally operating messaging services. Comparable lawsuits in other jurisdictions have recently been only partially successful. The eSafety authority stated that it would consistently use its powers to ensure the protection of children and adults from serious online content.