[German]The Federal Office of Justice (Bundesamt für Justiz, BfJ) in Bonn has just issued two penalty notices against Telegram FZ-LLC. The reason is the fact that the company violated requirements of the Network Enforcement Act (Netzwerkdurchsetzungsgesetz, NetzDG) in 2021 and 2022. In total, the BfJ imposed fines of 5.125 million euros.
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In a notification, dated October 17, 2022, it is stated that Telegram FZ-LLC as the provider of the social network Telegram (hereinafter referred to as Telegram)is accused of violations of the obligation to maintain reporting channels that comply with the law as well as the obligation to designate a domestic agent for service of process.
The Network Enforcement Act (NetzDG) obliges social network providers to maintain reporting channels on their platforms so that users can report posts with criminal content to the providers for review in accordance with the requirements of the NetzDG. Furthermore, the providers are obliged to name an authorized person or institution with a summonable address in Germany so that German courts and authorities can serve the providers with legally binding documents in Germany.
The BfJ imposed a fine of 4.25 million euros for the breach of the obligation to provide reporting channels that comply with the law. A fine of 875 thousand euros was imposed by the BfJ for failure to designate a domestic delivery agent.
Previously, the BfJ had made several attempts to serve hearing letters at Telegram's headquarters in Dubai since April 2021. Despite assistance from the competent authorities in the United Arab Emirates by way of international legal assistance, this did not succeed. In March 2022, the BfJ therefore arranged for public service of both hearing letters in the Federal Gazette. Subsequently, a German law firm indicated to the BfJ the representation of Telegram's interests and commented on the hearing letters. The statement did not refute the allegations, so that the BfJ now issued the two penalty notices, which were served on Telegram on October 10, 2022.
The penalty notices are not yet legally binding. Telegram can file an appeal with the BfJ. If the BfJ does not grant an appeal, it will send the respective files via the public prosecutor's office to the competent district court in Bonn for a court decision. It now remains exciting to see how the story with Telegram continues, whether the penalty notices will become legally binding and, at the end of the day, also enforceable.
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Telegram messenger service
Telegram is a free instant messaging service for use on smartphones, tablets, smartwatches and PCs, developed in Russia. Telegram is one of the most popular messengers in Germany and worldwide, and was the app with the most downloads globally in January 2021. Those with a Telegram client installed can exchange text messages, voice messages, photos, videos, and documents with other Telegram users, as well as make voice and video calls to other Telegram users.
Telegram is also considered a social network. Chats can be client-server encrypted by default, cloud-based, or optionally end-to-end encrypted as "secret chats." Telegram, however, has come under heavy criticism because the platform or its channels are used by so-called contrarians, radicals and criminals to communicate.
It has been very difficult for law enforcement to take action against Telegram, because the base of the development team is located in Dubai, according to its own information. However, no imprint is given on the website. However, the founder Pawel Durow is said to have lived in Berlin when he founded Telegram in 2013 and published the app.
