By Julianna Frieman
George Washington University (GWU) law professor Jonathan Turley slammed “global censors” Monday morning following the arrest of Telegram founder Pavel Durov.
French authorities arrested Durov, the billionaire creator and messaging app CEO, on Saturday, according to Bloomberg. Turley told Fox News’ Ainsley Earhardt that he still opposes Durov’s arrest even though authorities allege Telegram was employed by users for criminal behavior.
Before introducing Turley, Earhardt noted that Durov was “due in court in the coming days.” She also pointed out the concerns many in the European Union have for potential chilling of free speech.
“So, the authorities say the app was being used for organized crime, drug trafficking, fraud, cyber bullying and promotion of terrorism. Despite all of that, you’re still against his arrest. Why?” Earhardt asked.
“I am. People need to realize what’s really going on here. We haven’t seen anything akin to a charging sheet, but it appears that he’s being arrested under these European laws that are designed to force social media companies to engage in censorship,” Turley said.
Other commentators pointed out that it makes little sense to punish a communications medium for misbehavior by users. People likened Durov’s arrest to arresting the CEO of a ballpoint pen company because people use ballpoint pens to write ransom notes and engage in other criminal behavior. One sarcastically said, “I am calling for the immediate arrest of Gonzalve Bich, the CEO of BIC ballpoint pens. His pens have been used to write down all sorts of devilish plans and to create insensitive imagery for many years. He has done nothing to stop this. Time to hold him accountable.”
Professor Turley said that the “most infamous” European law against free speech is the Digital Services Act (DSA), which he called “one of the greatest threats to free speech that we have today around the world.”
Turley related the issue to when European Commissioner for International Markets Thierry Brenton warned Elon Musk that his social media platform X must comply with the EU’s digital free speech and disinformation laws in a letter ahead of Musk’s interview with former President Donald Trump on Aug. 12. (RELATED: Donald Trump Tweets For First Time Since Feds Took His Mugshot)
“And this is a global effort to control speech, and so — it’s hard to be sympathetic with some Russian billionaire, right? That’s not exactly somebody that you rally to the park to defend. But he’s being charged with misconduct of others using his site,” Turley said of Durov’s arrest. “It’s like arresting AT&T’s CEO because the mob used a telephone to do its business.”
“And the question for American citizens is whether we’re going to allow these global censors to basically control speech from Europe. Free speech is in a free fall in Europe,” he continued. “It was no accident when Elon Musk bought Twitter, figures like Hillary Clinton almost immediately went to Europe and called on them to use the DSA. Consider that. To use the DSA to censor American citizens. That’s a former presidential candidate calling for censorship through these officials.”
2016 Democratic presidential nominee Hillary Clinton promoted the DSA in April 2022, the same month Musk initiated his acquisition of Twitter.
For too long, tech platforms have amplified disinformation and extremism with no accountability. The EU is poised to do something about it.
I urge our transatlantic allies to push the Digital Services Act across the finish line and bolster global democracy before it’s too late.
— Hillary Clinton (@HillaryClinton) April 21, 2022
“Well, you know, the important thing here is that we can arrest people for engaging in conduct. If you’re using the telephone or you’re using social media to engage in human trafficking or child pornography, of course you can be arrested. But what the complaint is against these social media companies is that they’re not doing enough content moderation, and of course they emphasize things like child pornography. But you’ll notice they’re also talking about ‘extreme viewpoints,’” Turley continued, noting that the UK was cracking down on “what they consider to be ‘extreme ideology.’”
“Well, who defines that?” he asked rhetorically.
“So there’s a very dangerous slippery slope that comes from these laws, and American citizens should not be distracted from the implications of things like the DSA,” Turley said. “This is an important fight, and Americans’ rights are at stake here. Don’t be distracted. This Russian billionaire might not be sympathetic to you, but they’re using something that should scare you.