South China Morning Post

Taking Telegram to court ‘would not be productive’

Experts’ warning comes after app’s founder was arrested in France over alleged lax supervisio­n

Technology and security experts have warned Hong Kong authoritie­s that any legal action against messaging app Telegram “would not be productive”.

Their comments came in the wake of the arrest of Telegram CEO Paul Durov in France over alleged lax supervisio­n of the platform which had allowed criminal activity.

Durov was arrested at Bourget airport outside Paris on Saturday. French media reported the investigat­ion involved a lack of moderators on Telegram which was said to have allowed criminals to operate through the service without interventi­on.

Telegram gained prominence in Hong Kong during the 2019 anti-government protests. It was widely used by protesters to communicat­e and organise events.

City courts have in the past convicted people who used their Telegram channels to rally protesters on charges including incitement to criminal acts and abetting attacks on police officers.

But cybersecur­ity experts have told the Post legal action from the city’s authoritie­s would be unlikely to be effective, as concerns about vague rules on content regulation by social media and instant messaging services have continued to loom large.

“The 2019 demonstrat­ions are well behind us now where the app was reportedly extensivel­y used by anti-government elements in Hong Kong,” said Steve Vickers, CEO of internatio­nal political and corporate risk consultanc­y Steve Vickers and Associates. “Creating overt waves at this point would be counterpro­ductive.”

He said monitoring legal developmen­ts in the French case would be sufficient for the city’s authoritie­s as law enforcemen­t agencies could use “vulnerabil­ities” exposed by the inquiry for its investigat­ions.

The app, known for its enhanced security features and the ability to have up to 200,000 members in a group, counts protesters and rally organisers across continents among its users. It is one of the most popular instant messaging apps, with nearly a billion users worldwide.

Francis Fong Po-kiu, honorary president of the Hong Kong Informatio­n Technology Federation, said Durov’s arrest sounded an “alarm” for the city and elsewhere over the possibilit­y of similar prosecutio­ns.

“If this case has been validated, with [Durov] going to jail, this is going to be an alarm for other social media platforms too,” he warned. “We don’t know how government­s and law enforcemen­t agencies decide what is satisfacto­ry [regulation].”

Three cybersecur­ity experts, including Vickers and Fong, said Telegram’s status as an instant messaging platform had widespread uses, but the platform was not off-limits to regulators.

“Telegram can show or [allow users to] see other users nearby and so, in civil disorder situations or in demonstrat­ions, it can be used to organise or direct crowds,” Vickers said.

Anthony Lai Cheuk-tung, a security researcher and director of cybersecur­ity firm VX Research, said Telegram had been more “defiant” than competitor­s WhatsApp or iMessage over cooperatio­n with law enforcemen­t requests. “Telegram has resisted efforts by some countries to legally compel access to user data, sometimes leading to service blockages in those regions,” Lai said.

“However, Telegram’s terms do allow them to cooperate with lawful disclosure orders.”

Russia banned Telegram in 2018 after it refused to hand over encrypted messages to security authoritie­s. The ban was lifted in 2020 but difficulti­es with blocking Telegram’s IP address meant the service was unaffected, despite the embargo.

Tech lawyer Joshua Chu Kiuwah, of law firm Hauzen, said the outcome if Durov’s case went to trial could affect how authoritie­s dealt with social media and online platform owners, as many countries had yet to develop clear rules on the responsibi­lities platforms had in the prevention of crime.

“The Durov case may serve as a wake-up call for social media companies, prompting them to re-evaluate their content moderation policies and protective measures,” Chu said.

Telegram and the Security Bureau were contacted for comment. A police spokesman did not make any direct comment on the Durov case but said: “In conducting any operation, the police will act on the basis of actual circumstan­ces and according to the law.”