Summary
- The eSafety Commissioner of Australia has initiated civil proceedings against Telegram, aiming for penalties up to A$54.6 million ($38 million).
- The regulator has hinted at the possibility of requesting a court to suspend Telegram's operations in Australia, a power it has not previously exercised.
- Telegram has refuted the claims and intends to defend itself in court.
Australia's online safety authority has filed a lawsuit against Telegram concerning extremist material, pursuing penalties that could reach A$54.6 million (approximately $38 million). The regulator has also suggested it might ask a court to halt the service in Australia.
The eSafety Commissioner submitted the civil penalty action in the Federal Court on Thursday, following a year-long investigation. The allegations assert that Telegram did not adequately address "pro-terror material," including the live broadcast of the 2019 Christchurch mosque attack and the 2022 Buffalo supermarket shooting, which remained accessible for nearly three months. The complaint also indicates that Telegram's terms of service do not sufficiently prohibit such content throughout the app.
Julie Inman Grant, the eSafety Commissioner, expressed to BBC News that Telegram has fostered a "permissive environment," making extremist content readily available, which she stated "desensitizes, normalizes, and can sometimes radicalize" users. She noted that Telegram is also "sometimes used to plan attacks."
Inman Grant clarified that while Australia does not require licensing for platforms, "we could apply to the federal court and ask that the service be ceased." She mentioned, "We've never utilized those powers. We'll see how this all unfolds." The regulator previously issued Telegram a nearly $1 million infringement notice in February of the previous year due to a five-month delay in responding to inquiries regarding terrorist and child sexual exploitation content. Telegram described that fine as "unfair and disproportionate" and announced its intent to appeal it.
Multiple Jurisdictions, One Allegation
This legal action coincides with recent developments in Russia, where the FSB has charged Telegram's founder, Pavel Durov, with aiding terrorism and placed him on an international wanted list for failing to eliminate channels allegedly used by Ukrainian intelligence and extremist organizations. If convicted, he could face a life sentence.
Additionally, Durov was indicted in France in 2024 on charges related to drug trafficking, organized fraud, and child sexual abuse material disseminated via Telegram, and he was released under judicial supervision. Durov denies any wrongdoing and has described the case as "legally and logically absurd."
A spokesperson for Telegram informed the BBC that the platform's "extensive" anti-terrorism initiatives are "well documented," asserting, "We reject these allegations and will contest them in court."
This lawsuit tests Australia's 2021 legislation mandating platforms to eliminate pro-terror content from their networks, following recent measures to restrict social media access for individuals under 16, which was initiated by Inman Grant.