Charges faced by Telegram's Pavel Durov fuel debate over responsibility for online content

Telegram calls arrest 'absurd' as future of encryption and privacy is again under the spotlight

The arrest of Telegram founder Pavel Durov has prompted a debate about encryption and user privacy. Reuters

While Telegram founder Pavel Durov is no longer in custody in France, he is not allowed to leave the country as he faces charges related to alleged illegal activity and lack of content moderation that potentially fuelled nefarious behaviour on the messaging platform.

Some of the charges concern alleged crimes involving an organised group, including “complicity in the administration of an online platform to enable an illicit transaction”, according to a news release issued by the public prosecutor office in Paris.

The weekend arrest of Mr Durov, a Russian who also has dual UAE-French citizenship, has prompted speculation and reverberations in political and technology circles.

French President Emmanuel Macron said the Telegram founder’s arrest was “in no way a political decision” and that his case would be determined by a judge.

“It’s the judicial system that will independently enforce the law,” Mr Macron said.

In a statement posted to Telegram’s news channel within the messaging app, the company quickly defended its founder by saying that it abides by EU laws, including the Digital Services Act, and also said that its content moderation approaches are “constantly improving”.

“Telegram’s CEO Pavel Durov has nothing to hide and travels frequently in Europe,” read a message posted by the company. “It is absurd to claim that a platform or its owner are responsible for abuse of that platform … we’re awaiting a prompt resolution of this situation.”

Mr Durov was arrested at Le Bourget airport outside Paris late on Saturday and questioned by investigators.

He and his brother, Nikolai, started Telegram in St Petersburg, Russia, but later left the country following a spat with local regulators who demanded that Mr Durov turn over user data from a social network he created in the country.

The popular messaging platform has since been operated out of Berlin, London, Singapore, and most recently, Dubai.

“We're currently happy with Dubai, although are ready to relocate again if local regulations change,” reads a question and answer section on the company's website.

On Tuesday, the UAE said it was closely following Mr Durov’s case, and added that it had submitted a request to the French government to provide Mr Durov with all the necessary consular services.

“The Ministry of Foreign Affairs stressed that prioritising the welfare of UAE citizens, safeguarding their interests, and providing them with all aspects of support is a key priority for the UAE,” state news agency Wam stated.

Meanwhile, Russia has criticised the investigation into Telegram and Mr Durov. Foreign Affairs Minister Sergey Lavrov told reporters on Tuesday that relations between Paris and Moscow had hit an all-time low as a result of Mr Durov's arrest.

According to French officials, the Paris prosecutor's office launched a probe into Telegram on July 8 on the basis of 12 alleged offences that include organised fraud, complicity in enabling illegal transactions on an online platform, complicity in disseminating under-age pornographic material and a refusal to communicate documents requested by the judiciary.

The Telegram platform is used by approximately 950 million people, according to the company. It debuted in 2013, and boasted privacy and encryption features that helped it gain popularity.

The messaging platform’s device and operating system agnostic approach also helped it grow over the years.

Telegram's focus on privacy and encryption has encountered widespread concern from law enforcement organisations around the world who have accused the platform of turning a blind eye to illegal activities.

In 2023, Iraq's Telecoms Ministry temporarily blocked Telegram, citing national security fears. It had also encountered similar criticism from law enforcement and regulators in Russia.

Yet there is also support for Telegram and Mr Lavrov. Just hours after the arrest, Tesla, SpaceX and X chief executive Elon Musk said the move proved it was “dangerous times” for free speech.

US whistleblower Edward Snowden also expressed concern. “The arrest of Pavel Durov is an assault on the basic human rights of speech and association,” he wrote on X.

“I am surprised and deeply saddened that Macron has descended to the level of taking hostages as a means for gaining access to private communications. It lowers not only France, but the world.”

Comparisons, parallels and precedent

While details are still emerging about the charges against Mr Durov and potentially Telegram, there are a few recent examples of law enforcement agencies and governments successfully charging tech founders for how others use their products.

It is worth noting, however, that in the US a law known as Section 230 has largely shielded internet platforms from facing prosecution.

In a nutshell, Section 230 says internet platforms and social media companies are not liable for content posted by users.

Some companies, such as Meta, owner of Facebook, Instagram and Threads, have readily co-operated with law enforcement over court orders involving investigations about illegal content.

In a law enforcement section on Facebook's website, the platform specifies several cases where user data and account records can be obtained.

“We disclose account records solely in accordance with our terms of service and applicable law, including the federal Stored Communications Act … a valid subpoena issued in connection with an official criminal investigation is required to compel the disclosure of basic subscriber records,” it reads.

In the question and answer section on Telegram's website, the company briefly differentiates between the publicly available data on the platform and the private chats.

“All Telegram chats and group chats are private amongst their participants. We do not process any requests related to them,” the company's statement reads.

As for founders of the social media and internet platforms, there have been instances, although rare, where failure to act on illegal activity has led to arrests, charges and even prison sentences.

In 2012, German-born Kim Dotcom and his file-sharing website, Megaupload.com, became the target of the US Justice Department for allowing the uploading and distribution of copyrighted material such a music, TV shows and movies.

That website was based in Hong Kong, and later seized by the US authorities amid additional charges of money laundering and racketeering.

Kim Dotcom moved to New Zealand and started a lengthy back-and-forth extradition battle. Earlier this month the country's justice minister signed an extradition order for Dotcom, according to reports.