Telegram faces temporary ban in Spain over piracy claims

25 Mar 2024

Image: © wichayada/Stock.adobe.com

Called ‘absolutely disproportionate’ by a consumer rights group, it is unclear how long Spain’s temporary ban is expected to last.

Telegram is facing some disruption in Spain, as a court order aims to temporarily ban the use of the encrypted messaging app over piracy concerns.

A Spanish court issued a temporary suspension that is due to go into effect today (25 March) after multiple media firms complained users were uploading content to the app without their permission, according to a Reuters report.

A court source told Reuters that Telegram’s services will be blocked while these piracy claims are investigated and that the responsibility is on mobile phone providers to block Telegram.

It is unclear how long the temporary ban is expected to last for, but the decision has received criticism. Consumer rights advocacy group Facua called the measure “absolutely disproportionate”, according to a translated statement.

“It’s as if they shut down the internet because there are websites that illegally host content protected by copyright, as if they cut off the entire television signal because there are channels that engage in piracy,” said Facua secretary general Rubén Sánchez.

The threat to end-to-end encryption

Telegram is known for its use of end-to-end encryption, which lets users privately share information without concerns that third parties will get access to the data. Based in Dubai, the messaging app is used by more than 800m people every month according to its website. Other messaging apps such as WhatsApp and Messenger also claim to use this type of encryption.

Supporters of end-to-end encryption say it is important to ensure data privacy and for specific users such as whistleblowers, while opponents are concerned that it can be used to spread dangerous and harmful content.

While Spain’s temporary ban is based on piracy concerns, the measure seems in line with its alleged stronger stance against this form of encryption. EU documents leaked by Wired last year suggest Spain is one of the few EU countries to support a full ban on end-to-end encryption to deal with criminals.

These documents related to an EU proposal to create new rules on this type of encryption to prevent the spread of child sexual abuse material (CSAM) by forcing tech companies to scan user data for this type of content.

The UK’s controversial Online Safety Bill – which entered into law last year – could also see companies ordered to deploy certain technologies that bypass encryption to scan for CSAM, though it is unclear when that will be technologically feasible.

But apps such as Signal gained a form of protection last month, as the European Court of Human Rights issued a ruling in support of end-to-end encryption. The Court ruled that instances of law enforcement requiring companies to create “backdoors” to this technology violate human rights.

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Leigh Mc Gowran is a journalist with Silicon Republic

editorial@siliconrepublic.com