Thursday, August 29, 2024

Op-Ed: Durov case legal issues could change social media forever


ByPaul Wallis
DIGITAL JOURNAL
August 29, 2024

Telegram is hugely popular in former Soviet countries 
- Copyright AFP/File DENIS CHARLET

The extremely serious charges against Telegram founder Pavel Durov cover just about all issues on social media. these issues range from hate speech, to criminal online activity and pedophilia. It’s not a great look. Telegram has a reputation. Telegram is also reputedly used by terrorist groups and propagandists. It’s a long list of negatives.

Telegram, in fact, became the default social media platform as a messaging app for those banned by the original Twitter. It soon had a huge following. In a somewhat unlikely duet, Elon Musk and Russia have come out against Durov’s indictment.

Please note: This article is not about Durov’s guilt or innocence or whether Telegram has broken any laws. The much bigger issues are about how this case can be a massive future global legal precedent.

What’s truly critical about this case is that it can affect all social media platforms covering the many decades-long and ongoing areas of public complaint.

Let’s describe the mess:

Against the background of total public dissatisfaction with social media’s lazy policies in so many areas, this case will get a lot of traction in media and government. Social media in general is considered to have to be dragged screaming into any responses at all.

In fairness, social media reflects this godawful sick, senile, and stupid society in so many ways. “Social media is not a law enforcement agency,” etc. The trouble is that that’s where the whole subject has got stuck. The problems remain unsolved and festering away.

The response is equally inept and inadequate. It doesn’t matter that moderators get PTSD doing their work. Kids get regularly traumatized. It doesn’t matter that people get killed and hurt.

What’s good about it?

Who’s winning this sewer décor competition?

Another complication arises. Intelligence agencies and governments monitor Telegram routinely. The intelligence community may have to pick up its Christmas hamper and go elsewhere.

This is what’s left of the Wild West Internet idea; a place to rant and rave is required for those who never grew out of it. The Wild West didn’t really ever exist. You’re not and have never been immune to a law just because you commit a crime online. It was just that people didn’t enforce the laws.

Meanwhile, the free speech argument has raised its currently battered and highly selective head and it’s not thinking too clearly if at all. Free speech is a right; advocating crimes isn’t. That argument has also been in the blender for a while getting nowhere.

There are practical issues here. If Durov is found guilty, so is Telegram. It won’t stop with a guilty verdict. Telegram may be shut down, and the legal precedents will naturally carry through to other platforms.

If Telegram gets shut down, where do the users go? Another dark net cash cow? Will X have some sort of self-serving libertarian Renaissance and become the new Telegram? …And get charged for the same things?

You can see how open-ended this case is. It won’t and can’t stop with Durov. Social media tends to reshuffle itself.

Governments have another problem with social media. The public anger against the many transgressions of law is real enough. They can’t get away with not enforcing the related laws if they want to stay in power.

Legally, you can procrastinate, sure, but even SCOTUS can’t stop the clock. There are two furious generations who can simply remove the fossils in the way.

The Telegram case can redefine social media with a sledgehammer. About time.

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Disclaimer
The opinions expressed in this Op-Ed are those of the author. They do not purport to reflect the opinions or views of the Digital Journal or its members.

Written ByPaul Wallis
Editor-at-Large based in Sydney, Australia


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