Australia Sues Telegram for $38M Over Extremist Content Failures
In brief
- eSafety Commissioner filed civil penalty proceedings against Telegram seeking up to A$54.6 million ($38 million) in Federal Court.
- Telegram allegedly failed to detect live-streamed footage from 2019 Christchurch mosque shooting and 2022 Buffalo supermarket attack.
- eSafety Commissioner stated Telegram maintained permissive environment where extremist content was easy to find and sometimes used to plan attacks.
- Case tests Australia's 2021 law requiring platforms to remove pro-terror material from their networks.
- Telegram rejected allegations and said it would contest the case in court.
Alleged Failures and Enforcement Action
The eSafety Commissioner alleged that Telegram failed to detect known pro-terror material, including the live-streamed Christchurch attack footage and Buffalo shooting video, which remained online for nearly three months. Julie Inman Grant, the eSafety Commissioner, told BBC News that the platform had kept a "permissive environment" in which extremist content was "very easy to find."
The regulator further alleged that Telegram's terms of service did not prohibit pro-terror material across all parts of the app. Inman Grant stated that Telegram was also "sometimes used to plan attacks." This enforcement action tests Australia's 2021 law requiring platforms to keep pro-terror material off their networks.
The eSafety Commissioner indicated that Australia could apply to federal court to ask that Telegram's service be ceased in the country. This marks an escalation from a prior infringement notice: the regulator issued Telegram an infringement notice for nearly $1 million in February last year over a five-month delay in answering questions about terrorist and child sexual exploitation material. Telegram called that penalty "unfair and disproportionate" and said it would appeal.
Telegram's Defense and Broader Legal Pressures
A Telegram spokesperson told the BBC that its "extensive" anti-terrorism efforts were "well documented," adding: "We reject these allegations and will contest them in court."
The civil proceedings arrive amid mounting legal pressure on Telegram's founder, Pavel Durov. Russia's FSB charged Durov with aiding terrorism and placed him on an international wanted list. Durov was separately indicted in France in 2024 over drug trafficking, organized fraud and child sexual abuse material on Telegram. Durov denies wrongdoing and called the case "legally and logically absurd."
Frequently asked questions
What is the eSafety Commissioner alleging against Telegram?
The eSafety Commissioner alleges Telegram failed to detect and remove pro-terror material, including live-streamed footage from the 2019 Christchurch mosque shooting and 2022 Buffalo supermarket attack. The regulator also claims Telegram's terms of service do not prohibit pro-terror material across all parts of the app and that the platform maintains a permissive environment where extremist content is easy to find.
What penalties is Australia seeking?
Australia's eSafety Commissioner is seeking civil penalties of up to A$54.6 million ($38 million) in Federal Court. This follows an earlier infringement notice of nearly $1 million issued in February last year over Telegram's five-month delay in answering questions about terrorist and child sexual exploitation material.
What law does this case test?
The civil proceedings test Australia's 2021 law requiring platforms to keep pro-terror material off their networks. The eSafety Commissioner has also indicated that Australia could apply to federal court to ask that Telegram's service be ceased in the country if the regulator prevails.
