Germany: Issued ruling confirming BfJ fines after appeal by messenger app Telegram

On 3 April 2023, the German Federal Office of Justice (BfJ) decided to uphold its fines against the messenger platform Telegram after the platform had appealed the EUR 5.125 million fine imposed due to its failure to implement a mechanism for users to flag illegal content and appoint a local representative. Telegram claimed that the fines were addressed to the wrong subsidiary entity. However, the BfJ upheld its view that Telegram violated the Network Enforcement Act (NetzDG) requirements. According to the BfJ, Telegram has not provided any mechanism for content moderation, stating that hatred, violence, and hate speech have no restrictions on the application. Furthermore, the BfJ requested Telegram to create a way to manage illegal content and to set up a German office or entity to receive German-based complaints. Since the BfJ decided to uphold its fines, the final decision regarding the success of the appeal will be made by the District Court of Bonn.