In recent weeks, Telegram has once again found itself under scrutiny, this time due to an investigative report by Bellingcat that highlights the platform’s potential for misuse. The messaging app, renowned for its robust privacy features, is facing serious questions about its role in supporting potentially harmful activities. At the heart of the controversy is Telegram Stars, a feature that allows users to make purchases within the platform. According to the investigative report, Russian Private Military Companies (PMCs) have been leveraging this functionality to facilitate financial support for military operations in regions like the Sahel.

Telegram’s defining characteristic has always been its unwavering commitment to data privacy. Its end-to-end encryption is designed to be so secure that not even the app itself can access user conversations. While this approach champions user privacy, it has simultaneously created a fertile breeding ground for problematic use. The platform has become an attractive hub for various actors with malicious intent. Extremist groups, cybercriminals, and other ill-intentioned individuals find Telegram’s privacy features particularly appealing, almost like a branch of the dark web. The app’s encryption effectively shields illegal content from authorities, making it challenging to monitor or prevent potentially dangerous communications.

This is not just an international concern. Closer to home, Telegram has faced restrictions for similar, albeit lighter, reasons. In 2023 and 2024, the platform was temporarily shut down in Kenya to prevent the spread of exam papers and curb cheating during KCSE examination periods. These actions raised critical questions about the delicate balance between protecting national interests and avoiding censorship.

The Computer Misuse and Cybercrimes (Amendment) Bill of 2024

The CMCA Bill of 2024, an amendment to the 2018 legislation, attempts to address the challenge of regulating harmful content on online platforms. Among other proposals, the Bill seeks to expand the powers of the National Computer and Cybercrime Committee (NC4), allowing it to block websites and applications deemed to promote illegal activities, terrorism, child pornography, or extreme religious practices. However, such a proposal is not without controversy. Civil society has consistently raised concerns about potential overreach. There exists a legitimate fear that such broad powers could be misused to censor legitimate speech, particularly during sensitive periods like elections.

The Challenge

The challenge of balancing digital security with individual freedoms is far from simple. Judicial oversight becomes crucial in this context. Courts should serve as a critical check on potential regulatory overreach. This means creating specialised digital rights courts or committees that can rapidly assess the legitimacy of proposed platform blocks. The mechanism for appeal and review is equally critical. Platforms and individuals should have clear, accessible pathways to challenge decisions restricting their digital access. Protecting fundamental rights requires a delicate balance. While addressing genuine security threats like terrorism, child exploitation, and organised crime is paramount, the methods must be surgical rather than sweeping. 

Current Status and Public Participation

As of now, the submissions made during the public participation exercise for the CMCA Bill of 2024 remain under review. Stakeholders, including civil society organisations, tech companies, and digital rights advocates, await the next steps. The deliberations are expected to address the critical feedback received, particularly concerning the potential for censorship and the broad powers proposed for the NC4. Questions linger on whether the final version of the bill will reflect the nuanced concerns raised during public consultation or whether it will lean towards a more restrictive approach. The coming stages will be crucial in determining the future of digital rights and regulatory oversight. What remains clear is the need for a collaborative approach.