Freedom of expression

Telegram’s Pavel Durov faces criminal probe in France under LOPMI law

France has taken a bold legal step with its new law, targeting tech executives whose platforms enable illegal activities. The pioneering legislation, enacted in January 2023, puts France at the forefront of efforts to curb cybercrime. The law allows for criminal charges against tech leaders, like Telegram CEO Pavel Durov, for complicity in crimes committed through their platforms. Durov is under formal investigation in France, facing potential charges that could carry a 10-year prison sentence and a €500,000 fine. He denies Telegram’s role in facilitating illegal transactions, stating the platform complies with the EU regulations.

The so-called LOPMI (Loi d’Orientation et de Programmation du Ministère de l’Intérieur) 2023-22 law, unique in its scope, is yet to be tested in court, making France the first country to target tech executives in this way directly. Legal experts point out that no similar laws exist in the US or elsewhere in the Western world.

What is LOPMI?

The LOPMI law for the Ministry of the Interior outlines a €15 billion plan over five years to address future security challenges by enhancing human, legal, and budgetary resources. It aims to modernise operations through digital transformation, with nearly half the budget dedicated to digitising services, modernising investigative tools, and improving cybercrime response. The law plans to create 8,500 new jobs, improve recruitment diversity, and double police and gendarme presence by 2030. It emphasises crisis management, especially for civil security and climate events, and strengthens public order for major international events like the 2024 Olympics. Additionally, it aims to improve border security through advanced technology and cooperation.

While the US has prosecuted individuals like Ross Ulbricht, founder of the Silk Road marketplace, those cases required proof of active involvement in criminal activity. However, French law seeks to hold platform operators accountable for illegal actions facilitated through their sites, even if they were not directly involved.

Prosecutors in Paris, led by Laure Beccuau, have praised the law as a powerful tool in their fight against organised cybercrime, including child exploitation, credit card trafficking, and denial-of-service attacks. The recent high-profile arrest of Durov and the shutdown of other criminal platforms like Coco highlight France’s aggressive stance in combating online crime. The J3 cybercrime unit overseeing Durov’s case has been involved in other relevant investigations, including the notorious case of Dominique Pelicot, who used the anonymous chat forum Coco to orchestrate heinous crimes.

While the law gives French authorities unprecedented power, legal and academic experts caution that its untested nature could lead to challenges in court. Nonetheless, France’s new cybercrime law seriously escalates the global battle against online criminal activity.

TikTok faces legal battle over potential US ban

TikTok and its parent company ByteDance are locked in a high-stakes legal battle with the US government to prevent a looming ban on the app, used by 170 million Americans. The legal confrontation revolves around a US law that mandates ByteDance divest its US assets by 19 January or face a complete ban. Lawyers for TikTok argue that the law violates free speech and is an unprecedented move that contradicts America’s tradition of fostering an open internet. A federal appeals court in Washington recently heard arguments from both sides, with TikTok’s legal team pushing for an injunction to halt the law’s implementation.

The US government, represented by the Justice Department, contends that TikTok’s Chinese ownership poses a significant national security threat, citing the potential for China to access American user data or manipulate the flow of information. This concern is at the core of the new legislation passed by Congress earlier this year, highlighting the risks of having a popular social media platform under foreign control. The White House, while supportive of curbing Chinese influence, has stopped short of advocating for an outright ban.

ByteDance maintains that divesting TikTok is neither technologically nor commercially feasible, casting uncertainty over the app’s future as it faces potentially severe consequences amid a politically charged environment.

The case comes at a pivotal moment in the US political landscape, with both presidential candidates, Donald Trump and Kamala Harris, actively using TikTok to engage younger voters. The judges expressed concerns over the complexities involved, especially with monitoring the massive codebase that powers TikTok, making it difficult to assess risks in real-time. As the legal wrangling continues, a ruling is expected by 6 December, and the case may eventually reach the US Supreme Court.

Brazil unfreezes Starlink and X accounts after fine payment

Brazil’s Supreme Court has lifted the freeze on the bank accounts of Starlink and X after transferring 18.35 million reais ($3.3 million) to the national treasury. The decision follows a legal standoff between Justice Alexandre de Moraes and billionaire Elon Musk, who owns X and 40% of Starlink’s parent company, SpaceX. The fines, initially imposed over noncompliance, have now been settled, prompting the unfreezing of the accounts.

The dispute began when Moraes ordered X, the social media platform formerly known as Twitter, to block certain accounts accused of spreading misinformation and hate speech, which he deemed a threat to Brazil’s democracy. Musk resisted these orders, labelling them as ‘censorship.’ In response, the court moved to freeze Starlink’s accounts, as X had failed to comply with the demands, including appointing a local legal representative as required by Brazilian law.

Despite the resolution of the fines, Moraes has not lifted his order to block access to X in Brazil, the platform’s sixth-largest market. The restriction is tied to the platform’s failure to meet other legal obligations, such as removing specific content and appointing a legal representative in the country.

As the legal tussle continues, Musk’s companies remain under scrutiny in Brazil, a key battleground in the global debate over the regulation of social media and the balance between free speech and public safety.

Judge blocks Utah’s social media law targeting minors

A federal judge has temporarily halted a new Utah law designed to protect minors’ mental health by regulating social media use. The law, set to go into effect on 1 October, would have required social media companies to verify users’ ages and impose restrictions on accounts used by minors. Chief US District Judge Robert Shelby granted a preliminary injunction, stating that the law likely violates the First Amendment rights of social media companies by overly restricting their free speech.

The lawsuit, filed by tech industry group NetChoice, argued that the law unfairly targets social media platforms while exempting other websites, creating content-based restrictions. NetChoice represents major tech firms, including Meta, YouTube, Snapchat, and X (formerly Twitter). The court found their arguments convincing, highlighting that the law failed to meet the high scrutiny required for laws regulating speech.

Utah officials expressed disappointment with the ruling but affirmed their commitment to protecting children from the harmful effects of social media. Attorney General Sean Reyes stated that his office is reviewing the decision and is considering further steps. Governor Spencer Cox signed the law in March, hoping to shield minors from the negative impact of social media. Still, the legal battle underscores the complexity of balancing free speech with safeguarding children online.

The ruling is part of a broader national debate, with courts blocking similar laws in states like California, Texas, and Arkansas. Chris Marchese, director of NetChoice’s litigation centre, hailed the decision as a victory, emphasising that the law is deeply flawed and should be permanently struck down. This ongoing legal struggle reveals the challenge of finding solutions to address growing concerns over the effects of social media on youth without infringing on constitutional rights.

Russia to invest $660 million in modernising internet censorship

Russia is ramping up its efforts to control the internet by allocating nearly 60 billion roubles ($660 million) over the next five years to upgrade its web censorship system, known as TSPU. The system, developed by state regulator Roskomnadzor, is designed to filter and block content deemed harmful or illegal by the government. The funding, part of a broader ‘Cybersecurity Infrastructure’ project, will acquire new software and hardware and expand the system’s capabilities.

The initiative is seen as part of Moscow’s broader crackdown on online freedoms, which has intensified since Russia‘s invasion of Ukraine in 2022. The government has been targeting independent media and social media platforms, blocking websites, and cracking down on using Virtual Private Networks (VPNs), which many Russians use to bypass government restrictions. Roskomnadzor has been increasingly influential in blocking access to these tools, with officials planning to enhance the system’s efficiency further.

The TSPU system was introduced under a 2019 law that requires internet service providers to install government-controlled equipment to monitor and manage web traffic. As of late 2022, over 6,000 TSPU devices had been deployed across Russian networks. The new funding will modernise this infrastructure and improve the system’s ability to detect and block VPN services, making it harder for Russians to access uncensored content.

Why does this matter?

While the Kremlin continues to position these measures as necessary for national security, critics see them as a blatant attack on free speech. Digital rights activists, including those from Roskomsvoboda, warn that while new investments in censorship technology will tighten government control, it is unlikely to eliminate access to independent information. Developers of VPNs and other circumvention tools remain determined, stating that innovation and motivation are essential in the ongoing struggle between censorship and free access.

Russia’s battle with VPNs and independent media is part of a broader campaign against what it calls Western information warfare. Despite the government’s efforts to clamp down, demand for alternative ways to access the internet remains high. Developers are working on more resilient tools, even as the state pours resources into strengthening its censorship apparatus. This tug-of-war between government control and free access to information seems set to continue, with both sides ramping up their efforts.

Telegram tightens content rules after criticism

Telegram founder Pavel Durov announced that the messaging platform will tighten its content moderation policies following criticism over its use for illegal activities. The decision comes after Durov was placed under formal investigation in France for crimes linked to fraud, money laundering, and sharing abusive content. In a message to his 12.2 million subscribers, Durov stressed that most users were law-abiding but acknowledged that a small percentage were tarnishing the platform’s reputation. He vowed to transform Telegram’s moderation practices from a source of criticism to one of praise.

While details on how Telegram will improve its moderation remain sparse, Durov revealed that some features frequently misused for illegal activity had already been removed. These include disabling media uploads on a standalone blogging tool and scrapping the People Nearby feature, which scammers had exploited. The platform will now focus on showcasing legitimate businesses instead. These changes follow Durov’s arrest and questioning in France, raising significant concerns within the tech industry over free speech, platform responsibility, and content policing.

Critics, including former Meta executive Katie Harbath, warned that improving moderation would not be simple. Harbath suggested that Durov, like other tech CEOs, may find himself in for a difficult task. Telegram also quietly updated its Frequently Asked Questions, removing language that previously claimed it did not monitor illegal content in private chats, signalling a potential shift in how it approaches privacy and illegal activity.

Durov also defended Telegram’s moderation efforts, stating that the platform removes millions of harmful posts and channels daily, dismissing claims that it is a haven for illegal content. He expressed surprise at the French investigation, noting that authorities could have contacted the company’s the EU representative or himself directly to address concerns.

Malaysia halts DNS rerouting plans over censorship and digital economy fears

Malaysia’s communications minister, Fahmi Fadzil, announced on Sunday that he has instructed the communications regulator not to reroute web traffic through local DNS servers, following feedback from public engagement sessions. The proposed directive, set to take effect on September 30, had raised concerns about potential online censorship and harm to Malaysia‘s digital economy.

The Malaysian Communications and Multimedia Commission defended the measure as a safeguard against malicious content, such as online gambling, phishing, and copyright violations. However, critics argued that the plan would increase censorship and pose cybersecurity risks, such as DNS poisoning.

Assemblyman Syed Ahmad Syed Abdul Rahman Alhadad labelled the directive ‘draconian,’ cautioning it could negatively impact the digital economy, which has seen significant investment from major tech companies. The government has been under growing scrutiny over its regulation of online content since Prime Minister Anwar Ibrahim came to power in 2022.

Fadzil emphasised the importance of combating online crime and vowed to continue engaging with stakeholders to find balanced solutions for a safer internet while maintaining economic stability.

Tenet Media channels terminated following US money-laundering charges

YouTube has terminated the Tenet Media channel and four other channels run by its owner, Lauren Chen, after an indictment by the US Department of Justice. The Justice Department filed money-laundering charges against two employees of Russian state media network RT, accusing them of using shell companies to funnel $10 million to an unnamed US company to produce online content aimed at influencing the 2024 presidential election.

Prosecutors said the accused used fake identities to hire an American firm to create videos designed to deepen political divides in the United States. Though the company was not identified by name, court details point to Tenet Media, a Nashville-based organisation responsible for nearly 2,000 YouTube videos in under a year.

Tenet Media did not respond to requests for comment after its channels were removed by YouTube.

The indictment reflects growing concerns about foreign interference in the United States elections, with platforms like YouTube taking action against channels involved in such activities.

Legal and political turmoil in Brazil over suspension of social media platform X

Brazil’s Supreme Court is set to make the final decision on a case involving the suspension of social media platform X, formerly known as Twitter. The case, brought forward by the conservative political party Partido Novo, challenges Justice Alexandre de Moraes’ order to block the platform for failing to comply with court orders to remove accounts spreading misinformation and hate speech. The suspension has sparked a national debate, with many viewing it as a fight over freedom of expression and the rule of law.

Justice Kassio Nunes Marques referred the case to the full Supreme Court, highlighting its significance for public and social order. However, Marques may still issue an individual ruling before the case reaches all 11 justices. In the meantime, Brazil’s attorney general’s office has been asked to provide its opinion on the matter.

The suspension has divided public opinion in Brazil, with a slight majority supporting Moraes’ decision, while others, including Elon Musk, owner of X, have accused the judge of overreach. Musk has called Moraes a ‘dictator’ and criticised the freezing of assets tied to his satellite firm, Starlink, which was implemented to cover potential fines. Brazil’s president, Luiz Inacio Lula da Silva, has supported the ban, reinforcing the need for tech companies to respect local laws.

Telegram founder criticises French detention

Telegram founder Pavel Durov has criticised French authorities for detaining him during an investigation into the app, suggesting they could have contacted his company through established channels instead. Durov, now a French national, made his first public statement following his detention last month, denying claims that Telegram is an ‘anarchic paradise’ and defending the app’s moderation efforts.

He expressed surprise at the investigation, pointing out that French authorities had access to a hotline specifically set up for communication with Telegram’s EU representative. Durov argued that it would have been more appropriate for legal action to target the platform rather than holding him personally responsible for third-party activities.

The investigation involves allegations of crimes such as child pornography, drug trafficking, and fraudulent transactions linked to the app. Durov emphasised that Telegram works diligently to remove harmful content, taking down millions of posts and channels daily.