Australia’s eSafety Commissioner Sues Telegram for $38M Over Extremist Content

Australia Escalates Action Against Telegram

Australia’s eSafety Commissioner has filed civil penalty proceedings in Federal Court against Telegram, seeking penalties of up to A$54.6 million ($38 million USD). The action marks a significant escalation in regulatory enforcement and raises the possibility that a court could order the messaging service to cease operations in Australia—a power the regulator has never previously invoked.

According to Australia’s eSafety Commissioner, the enforcement action followed a year-long investigation that found Telegram failed to identify and remove extremist material on its platform. The regulator alleges Telegram did not detect known pro-terror content related to the 2019 Christchurch mosque shooting and the 2022 Buffalo supermarket attack, with the Buffalo footage remaining available for approximately three months. The Commissioner also contends that Telegram’s terms of service inadequately prohibited extremist material across all sections of the application.

Regulator Details ‘Permissive Environment’

Julie Inman Grant, the eSafety Commissioner, characterized Telegram as maintaining a “permissive environment” where extremist content remained readily discoverable. Grant stated this environment served to desensitize users to violent material while potentially normalizing extremism. She noted that Telegram was “sometimes used to plan attacks,” broadening concerns beyond content moderation to platform facilitation of harm.

Though Australia operates without a formal licensing system for digital platforms, the eSafety Commissioner indicated it could petition federal court to halt service provision—a regulatory tool previously unused. This represents an escalation in available enforcement mechanisms against social media platforms.

The Federal Court filing came months after the eSafety Commissioner issued Telegram an infringement notice seeking approximately $1 million for a five-month delay in responding to questions about terrorist and child exploitation content. Telegram disputed that penalty as “unfair and disproportionate” and indicated it would appeal.

Global Regulatory Pressure Mounts on Platform

The Australian enforcement action coincides with intensifying international regulatory scrutiny of both Telegram and founder Pavel Durov. Russia’s Federal Security Service recently charged Durov with aiding terrorism, alleging the platform provided channels used by Ukrainian intelligence and extremist organizations, and placed him on an international wanted list. Durov faces potential life imprisonment if convicted in Russia. He separately faces French indictments involving drug trafficking, organized fraud, and child exploitation material, though he was released under judicial supervision. Durov has denied all allegations as “legally and logically absurd.”

Telegram responded by stating its anti-terrorism efforts are “well documented” and confirming it will contest the allegations in court.

The action tests Australia’s 2021 legislation requiring platforms to prevent pro-terror material distribution, enacted following the Christchurch attacks. The legal challenge coincides with Australia’s recent restrictions banning social media access for users under sixteen.

As regulatory scrutiny intensifies on platforms central to crypto infrastructure, the compliance burden and legal liability could significantly impact cryptocurrency communities globally.

Source: Australia’s eSafety Commissioner, via Decrypt. Not financial advice.