Telegram and Indecent Images of Children

What is Telegram?

Telegram is an online communication platform, which is similar to Instagram and Facebook. Telegram is known as the ‘dark web in your pocket’. It is an easily accessible platform which is used by many for both legal and illegal purposes. It is known to have been used by those who wish to sell drugs, counterfeit items and distribute indecent images of children. Telegram uses the same end-to-end encryption that other platforms such as WhatsApp use. This means that conversations inside ‘Secret Chats’ which can be set up are entirely private. Telegram itself cannot view the conversations. However, Telegram allows for group chats to be created, and these cannot be set to be ‘Secret’. Despite this, Telegram did not use to regularly engage with police requests for information. Although it is supposedly moderated ‘within industry standards’, Telegram has repeatedly refused to join programmes aimed at protecting children. Unlike platforms like Snapchat, Facebook, Google, Instagram etc Telegram is not a member of the National Centre for Missing and Exploited Children (NCMEC) or the Internet Watch Foundation. These both work with most online platforms with the aim of finding, reporting and removing child abuse material. Pavel Durov, CEO of Telegram, has this year been arrested and charged for alleged offences relating to failing to co-operate with law enforcement over drug trafficking, child sexual abuse content and fraud.

What are indecent images of children (IIOC)?

Indecent Images of Children (IIOC) are images of child sexual abuse. With the advent of the internet and social media, offences involving the IIOC have changed. These images appear to be readily available on the internet, without the need to access the ‘dark web’ The courts grade images into three categories. Cases involving IIOC are charged as either possession, making or distributing these images. ‘Making’ an image doesn’t necessarily mean someone has ‘made’ or ‘taken’ the image but rather involves viewing an image which in turn results in the image being downloaded to a device. ‘Making’ is defined as “to cause to exist, to produce by action, to bring about” IIOC. ‘Distributing’ is when a person ‘parts with possession of it to another person, or if they expose or offer it for acquisition by another person’. This also includes when a person is in possession of IIOC with a view to distributing or sharing images.

Telegram and IIOC

Social Media platforms such as Telegram are being used to distribute and collect these types of images. Using platforms such as Telegram where IIOC are easily accessible could also inadvertently lead to someone ‘making’ an image on their device, if you are added to or add yourself to a group which is sharing such content.

Telegram – New Crackdown on Illegal Content

It has recently (23rd of September 2024) been reported by the BBC that “the messaging app Telegram has said it will hand over users’ IP addresses and phone numbers to authorities who have search warrants or other valid legal requests.” The platform has announced a new crackdown on illegal content. This could lead a greater number of arrests and prosecutions for allegations of possessing, making and/or distributing IIOC. The use of Telegram could come into play during the sentencing of IIOC cases.

Aggravating Features

If a case involves the use of group ‘channels’ in Telegram, this could involve distributing IIOC to many people. Unlike WhatsApp which restricts group sizes, Telegram allows groups to have an unlimited number of users. If IIOC are being shared in these groups, it will be seen as placing images where there is the potential for a high volume of viewers which is an aggravating feature. It could also be seen as active involvement in a network or process that facilitates or commissions the creation or sharing of indecent images of children.

Olliers Solicitors – Specialist defence solicitors for indecent images offences

Olliers’ team of specialist lawyers have a vast amount of experience in dealing with allegations of indecent images and can assist you if you are under investigation or have been charged with these offences. Please contact our new enquiry team on 020 3883 6790 (London) or 01618341515 (Manchester), by email to info@olliers.com or complete the form below if you would like to arrange a confidential discussion as to how Olliers can assist you if you are under investigation for indecent images offences.