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The Australian eSafety Commission, the nation's regulatory body for online safety, has levied a substantial financial penalty of approximately A$1 million ($640,000) against the messaging platform Telegram. This measure directly addresses Telegram's significant delay in providing requested information concerning its strategies to combat child sexual abuse material and violent extremist content.
In March 2024, the Commission, under the direction of eSafety Commissioner Julie Inman Grant, initiated formal inquiries directed at several prominent social media platforms, including Telegram, YouTube, X (formerly Twitter), Facebook, and Reddit. The principal objective of these inquiries was to conduct a thorough assessment of the measures implemented by these platforms to mitigate the dissemination of harmful content, with a particular focus on child sexual abuse material and extremist propaganda.
Specifically, Telegram was asked to provide a detailed account of its methods for dealing with child sexual abuse material. While other platforms met the May deadline for their responses, Telegram's submission didn't arrive until October, a delay spanning nearly five months.
Commissioner Grant stressed the absolute necessity of prompt transparency, stating, "Timely transparency is not a voluntary requirement in Australia and this action reinforces the importance of all companies complying with Australian law." She further argued that Telegram's extended delay hindered the commission's capacity to effectively implement online safety measures as laid out in the Online Safety Act.
A financial penalty of AUD 957,780 was imposed upon Telegram by the eSafety Commission, directly attributed to their failure to meet the mandated deadline for responding to regulatory inquiries. This action emphasizes the commission's unwavering stance on the necessity of accountability and transparency from technology companies in their endeavors to combat online harms.
In their formal response, Telegram maintains that they provided comprehensive answers to all the eSafety Commission's inquiries, asserting that no unresolved matters exist.
Furthermore, representatives from Telegram have deemed the imposed fine "unjustified and excessive," attributing the penalty solely to the designated response timeframe, and have indicated their intention to challenge the ruling through legal avenues.
This incident serves to underscore the growing apprehension surrounding the role of encrypted messaging platforms in the propagation of extremist ideologies.
Australian intelligence bodies have noted a worrying surge in young people being drawn into counter-terrorism inquiries, with platforms such as Telegram being identified as conduits for radical content.
The eSafety Commission's actions are part of a wider effort to hold tech firms more accountable.The commission's forthcoming report, scheduled for release in March 2025, will provide a detailed analysis of the responses from key platforms, including Meta, WhatsApp, Google, and Reddit, regarding their adherence to online safety protocols. This publication underscores the commission's commitment to sustained and rigorous regulatory oversight.
Moreover, it is noteworthy that X has also encountered regulatory sanctions, encompassing financial penalties and ongoing legal proceedings, specifically related to its management of terrorist material and its compliance with regulatory mandates.
Telegram is now presented with a 28-day compliance window. Within this period, the company must elect to either formally request the withdrawal of the infringement notice, discharge the financial penalty, or petition for an extension of the payment deadline. Non-compliance with these options may compel the commission to pursue civil penalty litigation within the Federal Court.
This regulatory action occurs concurrently with separate legal challenges facing Telegram's Chief Executive Officer, Pavel Durov, who was apprehended in France during August 2024 on allegations of insufficient moderation of terrorist and extremist content. Although Mr. Durov has been granted bail, his travel remains restricted within French territorial boundaries.
