Hate speech, insults and calls for murder: Telegram rarely takes action against such hate crimes. For a long time, users did not even have the opportunity to report illegal content. This is not the only reason why the Federal Office of Justice is now imposing a fine in the millions against the messenger service.
The Federal Office of Justice (BfJ) has issued fines in the millions against the messenger service Telegram for violations of the German Network Enforcement Act (NetzDG). The two decisions against the company Telegram FZ-LLC add up to 5.125 million euros, the Federal Office announced in Bonn.
The NetzDG regulates the handling of user complaints about hate crime and other criminal content on the internet. On the one hand, the law prescribes setting up a complaints management system that users can use to report illegal content. In addition, the NetzDG obliges operators to appoint an authorized recipient and authorized recipient.
The Federal Office accuses Telegram of violating the obligation to provide legally compliant reporting channels in 2020 and 2021. In addition, Telegram has not named an authorized recipient with a serviceable address in Germany so that German courts and authorities can deliver documents with legally binding effect to the providers in Germany.
The authority punished the violation of the obligation to keep the reporting channels available with a fine of 4.25 million euros. A fine of 875,000 euros was due for not naming the person authorized to accept service.
The Federal Office further explained that since April 2021 there have been several attempts to deliver hearing letters to Telegram's headquarters in Dubai. "Despite support from the responsible authorities in the United Arab Emirates in the form of international legal assistance, this has not succeeded." In March 2022, the office therefore made the public delivery of both hearing letters in the Federal Gazette.
Following this publication, a German law firm contacted the Federal Office on behalf of Telegram and commented on the hearing letters. The statement could not have invalidated the allegations, the BfJ explained. Therefore, both fines were issued and Telegram was delivered on October 10, 2022. The fines are not yet final, as Telegram can appeal.
Federal Minister of Justice Marco Buschmann said: "The providers of messenger services and social networks have a special responsibility to take action against hate speech and calls for violence on the platforms." This includes the obligation to create systems so that users can report criminal content. In addition, they would have to provide an authorized recipient in Germany. "You cannot evade these legal requirements and this responsibility by trying to be unavailable," emphasized the FDP politician.
