Australia’s online safety watchdog has handed down an infringement notice of almost A$1 million to Telegram for failing to comply with a transparency notice.
eSafety said the encrypted messaging app had delayed the publication of critical information about steps they have put in place to address any violent extremist, terrorist, or child sexual exploitation material by almost 160 days.
In March 2024 eSafety gave tech companies Telegram, Meta, WhatsApp, Google, Reddit and X legally enforceable transparency reporting notices.
The online safety regulator issued the notices under transparency powers granted under Australia's Online Safety Act, which required the six companies to answer detailed questions about their compliance with the Basic Online Safety Expectations.
The expectations are centred around general user safety, child safety, safe encryption and use of AI, minimising unlawful activity and detailed safety-related policies and procedures.
The report containing responses from all social platforms is expected to be released in early March this year.
eSafety set a deadline of May 6 2024 for responses, to which the other platforms complied. However, Telegram chose not to provide answers to questions required by the Notice until 13 October, delaying the reporting process.
Commissioner Julie Inman Grant said the handing down of the infringement notice sends an important message to the rest of the industry that timely transparency is not a voluntary requirement in Australia, reinforcing the importance of all companies complying with Australian law.
“If we want accountability from the tech industry we need much greater transparency. These powers give us a look under the hood at just how these platforms are dealing, or not dealing, with a range of serious and egregious online harms which affect Australians,” she said.
Telegram now has 28 days to request the withdrawal of the infringement notice, pay $957,780 or seek an extension to pay it.
In the case that Telegram chooses not to pay the infringement notice, eSafety is then open to taking other action, including seeking a civil penalty in Federal Court.
Inman Grant also said the threat posed by terrorist and extremist material online remains a very real and growing risk to the community which is why tech companies must realise their responsibilities in putting measures in place to prevent the misuse of their platforms.
She added that the Australian Security and Intelligence Organisation (ASIO) recently raised Australia’s terror threat level to “probable”, citing the online radicalisation of young people as a driving factor in the heightened threat.
“Surfacing how and where some of these platforms might be failing – and also succeeding – in tackling this content is vital to protect the community and raise safety standards across the industry, especially where this most abhorrent of content is concerned,” said Inman Grant.
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