Hong Kong tech experts warn against local legal action over Telegram app after French arrest CEO

• Tech expert says arrest an alarm signal, but lawyer insists it is law enforcement’s responsibility to police sites, not platform operators

Technology and security experts have warned Hong Kong authorities that any local legal action against messaging app Telegram “would not be productive”.

Their comments came after the arrest of Telegram CEO in France over alleged lax supervision of the platform, which had allowed criminal activity. Pavel Durov was arrested at Bourget airport outside Paris on Saturday, and French media reported the investigation involved a lack of moderators on Telegram, which was said to have allowed criminals to operate through the service.

Telegram gained prominence in Hong Kong during the 2019 anti-government protests. It was widely used by protesters to communicate with each other and organise events.

Hong Kong courts have in the past convicted people who used their Telegram channels to rally protesters on charges including incitement to criminal acts and abetting attacks on police officers.

But cybersecurity experts have told the Post that any local legal action would be unlikely to be successful, as concerns about vague rules on content regulation by social media and instant messaging services continued to loom large.

“The 2019 demonstrations are well-behind us now, where the app was reportedly extensively used by anti-government elements in Hong Kong,” Steve Vickers, the CEO of international political and corporate risk consultancy Steve Vickers and Associates, said. “Creating overt waves at this point would be counterproductive.”

Vickers added that monitoring legal developments in the French case would be sufficient for the city’s authorities as law enforcement agencies could use “vulnerabilities” exposed by the inquiry for its investigations.

The app, known for its enhanced security features and the ability to have up to 200,000 members in a group, counts protesters and rally organisers across continents among its users.

These include content channels about the Russia-Ukraine war and its use in recent anti-immigration riots in Britain.

Fanclubs in Hong Kong are also known to use Telegram as a forum for members to discuss celebrity news and organise activities.

It is one the most popular instant messaging app in the world, with nearly a billion users worldwide.

Francis Fong Po-kiu, the honorary president of the Hong Kong Information Technology Federation, said Durov’s arrest sounded an “alarm” for the city and elsewhere over the possibility of similar prosecutions.

“If this case has been validated, with [Durov] going to jail, this is going to be an alarm for other social media platforms too,” Fong warned. “We don’t know how governments and law enforcement agencies decide what is satisfactory [regulation].”

Three cybersecurity experts, including Vickers and Fong, said Telegram had widespread uses, but the app was not off-limits to regulators.

“Telegram can show or [allow users to] see other users nearby, and so, in civil disorder situations or in demonstrations, it can be used to organise or direct crowds,” Vickers explained.

Anthony Lai Cheuk-tung, a security researcher and director of cybersecurity firm VX Research, explained that Telegram had been more “defiant” than competitors WhatsApp or iMessage over cooperation with law enforcement requests.

“Telegram has resisted efforts by some countries to legally compel access to user data, sometimes leading to service blockages in those regions,” Lai said. “However, Telegram’s terms do allow them to cooperate with lawful disclosure orders.”

Telegram and the Security Bureau have been contacted for comment.

A Hong Kong police spokesman did not make any direct comment on the Durov case, but said: “In conducting any operation, the police will act on the basis of actual circumstances and according to the law.”

Russia banned Telegram in 2018 after it refused to hand over encrypted messages to Russian security authorities.

The ban was lifted in 2020, but difficulties with blocking Telegram’s IP address meant the service was unaffected, despite the embargo.

But technology lawyer Joshua Chu Kiu-wah, of law firm Hauzen, said that the outcome should Durov’s case go to trial could affect how authorities dealt with social media and online platform owners, as many countries had yet to develop clear rules on the responsibilities online platforms had in the prevention of crime.

“The Durov case may serve as a wake-up call for social media companies, prompting them to re-evaluate their content moderation policies and protective measures,” Chu said.

He added that the case could also act as a spur for the development of clearer policies governing messaging services.

Chu added that prosecutors should use disclosure orders to tackle wrongdoing on online platforms instead of arresting the owners.

He said that intervention to prevent illegal action was the responsibility of law enforcement agencies, not online platform operators.

Telegram, based in Dubai, was founded by Durov in 2013. He left Russia in 2014 after he refused to comply with government demands to shut down opposition activists on his VK social media platform, which he sold.