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Brussels (The Brussels Morning Newspaper) – The European Commission says that the arrest of Telegram’s CEO has nothing to do with DSA.
How Does the European Commission Separate Telegram CEO’s Arrest from the DSA?
The detention of Pavel Durov, the founder and CEO of the messaging app Telegram, on suspicion of letting felony exercise on his platform has nothing to do with the corporate’s commitments beneath the EU’s Digital Services Act (DSA), a spokesperson for the European Commission stated.
“Criminal prosecution shouldn’t be among the many potential sanctions for a breach of the DSA. The DSA doesn’t outline what is prohibited or set up any felony offence and may subsequently not be invoked for arrests. Only nationwide [or international] legal guidelines that outline a felony offence may be invoked,” the spokesperson acknowledged. “We are intently monitoring the developments associated to Telegram and stand able to cooperate with the French authorities ought to it’s related,” the EU Commission added.
Russian-born Durov was apprehended after he flew into Le Bourget airport outdoors Paris on his private jet. France arrested him on claims that the dearth of moderators on Telegram permitted felony exercise, resembling drug dealing and paedophile networking. Telegram has change into a preferred medium for promoting arduous medication due to its end-to-end encrypted messaging, which makes it arduous for legislation enforcement authorities to watch the actions of distributors. Law enforcement officers in nations together with Lithuania, Germany and the Netherlands acknowledged in latest months that they’ve observed an increase in on-line drug trafficking.
What Are the EU’s Transparency Requirements for Platforms Under the DSA?
The app has greater than 900 million energetic month-to-month customers globally, the app acknowledged in February that it has 41 million month-to-month common customers within the EU. If it provides the brink of 45 million customers per thirty days, it is going to be deemed a Very Large Online Platform (VLOP) beneath the DSA and face the strictest transparency necessities.
As a shorter platform, it must implement measures resembling criticism and dispute decision mechanisms, management repeat offenders from importing prohibited content material, and implement transparency measures beneath EU guidelines.
How Is Telegram Responding to Allegations of Criminal Activity on Its Platform?
Telegram acknowledged in a response that it “abides by EU legal guidelines, together with the Digital Services Act — its moderation is inside trade norms and consistently enhancing.” “It is ridiculous to say {that a} platform or its proprietor is responsible for the abuse of that platform,” the assertion acknowledged. Telegram picked Belgium as its authorized illustration within the EU in May, suggesting that the nationwide telecom regulator BIPT is charged with overseeing the platform’s commentary with the DSA till it turns into a VLOP.
A spokesperson for BIPT stated that “the BIPT is neither a police administration nor a judicial authority and was subsequently not within the felony investigation by the French authorities.”
