‘Block Telegram in Spain’ was the request of the Iberian High Court, but the decision lasted little more than 48 hours, with the judge backtracking due to strong protests from app users. What happened describes a cross-section often repeated, with a messaging app or one offering a similar service being accused of sharing copyrighted content. It has happened in the past with YouTube, Facebook and X; it will likely happen again in the future because the dynamics are always the same and finding a solution for all cases is very difficult. Let us see why by delving into the case of Telegram in Spain.   

By the complaint of four of the largest Iberian broadcasters (Mediaset Espana, Telefonica, Egeda, Atresmedia), who accused the app founded by Pavel Durov of favouring the unauthorised dissemination and reproduction of copyright-protected material and of selling services that allow access to that same content illegally, the judge of the Audiencia Nacional, Santiago Pedraz, has ruled the suspension of Telegram within the country.

A strong decision resulting from the non-cooperation of the app’s owner company, from which the court has been requesting information on what happened since July 2023, with details of the channels that disseminated the incriminated content and the accounts that managed the dissemination. Faced with Telegram’s absolute refusal to provide personal data on the perpetrators, whose identification is also complicated by the anonymity guaranteed by end-to-end technology, the judge decided to block the app.

No blocking of the app due to user protests 

Immediately came the protests of users, infuriated at no longer being able to have access to an app that, according to the Spanish competition watchdog CNMC, is used by 19% of Spaniards, a share that, with around 8.5 million users, is worth fourth place among the most popular messaging apps in the country. Along with users, various consumer and privacy organisations, such as Facua, have also made their voices heard, highlighting the potential damage caused to people who suddenly find themselves unable to rely on a tool they use every day.

For this reason, some have even filed a lawsuit against Judge Pedraz, such as the group Iustitia Europa, according to which the magistrate is guilty of judicial prevarication. The series of controversies and opinions strongly against the decision convinced Pedraz to backtrack and cancel the blocking of Telegram, postponing the possible stop until the results of an investigation by the national police into the peculiarities and functioning of the instant messaging app, as well as the impact its suspension would have on the population.  

Telegram Spain

Considering that Telegram has never been blocked, as the stop would take effect three days after the decision was announced, it should be remembered that not sharing user information with authorities and governments is a strategy Telegram has had in the past when faced with requests for information on activists and dissidents in countries with authoritarian regimes, such as Iran and Russia.

However, there are also opposing cases where the authorities have blocked and seized sites and apps used to disseminate copyrighted material, such as the 32 Telegram, Twitter, Facebook, and Instagram channels blocked in the Italian police’s Operation Black Screen to stop online publishing piracy, which exploited these platforms to illegally disseminate newspapers and magazines.  

Going beyond this specific case and looking at what has happened in the past with other platforms and apps, it is clear that the juxtaposition between respect for copyright, protection of privacy and freedom of expression poses a question that needs to be answered. Although each case has a different story, without a defined orientation, we will continue to witness the wall-to-wall between authorities and technology companies, with users ready to take the side of anyone who allows them to obtain content without paying (by giving away their personal data).