Pavel Durov Is Under Formal Investigation – The Start of a New Era for Internet Regulation

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The digital era is marked by limitless online communication, but at the same time, it raises concerns about our freedom and digital rights.

After Pavel Durov – the founder of the messaging app Telegram – was arrested in France, the issue is escalating and coming to a pivotal moment.

The case of Pavel Durov – a turning point

Legal claims related to Telegram’s confidentiality have raised critical questions about the limits of platforms’ liability and the future of internet regulation.

On Monday, August 26, 2024, French president Emmanuel Macron hurried to dismiss accusations from Telegram supporters that the arrest was an example of government censorship.

In a statement posted on X, Macron said,

“The arrest of the president of Telegram on French soil took place as part of an ongoing judicial investigation. It is in no way a political decision. It is up to the judges to rule on the matter.

“France is deeply committed to freedom of expression and communication, to innovation and to the spirit of entrepreneurship. It will remain so.”

Why this case is so unique that it can influence the future of our digital rights

Is it the first case in history when the platform is liable for its users? No, it is not.

Internet regulation legislation in many countries is designed to promote immunity from claims against platforms for UGC (user-generated content).

However, there are some exceptions to this general rule.

• Intellectual property violations – Platforms can be held liable if they fail to remove infringing content after receiving proper notification.
• Federal criminal conduct – Platforms are not shielded from liability for hosting content related to criminal activities, such as child exploitation or terrorism.
• Sex trafficking – Under laws like FOSTA-SESTA in the US, platforms can be held accountable for facilitating sex trafficking.
• In Europe, platforms can be held liable if they fail to take appropriate action to remove illegal content after receiving proper notice.

These exceptions address severe legal and ethical concerns, ensuring that platforms do not become safe havens for illicit activities.

Is it the first precedent in the history of platform founders’ personal liability? Again, absolutely not.

Here are the previous cases.

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