Edit of Thursday, August 29, 2024, 12:06 p.m.: Pavel Durov was indicted on twelve counts related to organized crime and placed under judicial supervision with a ban on leaving France. He was also subject to strict obligations, such as the delivery of “a bail of 5 million euros” and that of reporting twice a week to the police station.
On Saturday, August 24, 2024, Pavel Durov, CEO and co-founder of the encrypted messaging service Telegram, was arrested upon his arrival at Le Bourget airport. This 39-year-old Franco-Russian billionaire was coming from Baku and was planning to spend the evening in Paris. However, his stay quickly turned into police custody. But why did France arrest the founder of one of the most popular messaging apps in the world? In reality, Pavel Durov's arrest is part of a complex legal context, which combines accusations of failure to comply with regulations and geopolitical issues.
Reasons for the arrest of Telegram CEO Pavel Durov
Pavel Durov's arrest is based on a search warrant issued by the French Office for Combating Violence Against Minors (OFMIN). The French authorities accuse Telegram, and therefore indirectly its leader, of allowing the dissemination of illegal content. Among the accusations brought against the platform are serious crimes such as fraud, drug trafficking, cyberbullying and the glorification of terrorism. The messaging service is also accused of facilitating the dissemination of child pornography.
But for the French justice system, the heart of the problem lies rather in Telegram's lack of cooperation with investigators and the lack of moderation on the platform. Despite repeated requests from the authorities, Telegram has never taken the necessary measures to prevent the criminal use of its service. The lack of moderation, combined with the network's very strict privacy policy, which refuses to disclose information on the identity of its users, led to this judicial escalation. “Telegram complies with European Union laws”the company nevertheless claimed on his own channelqualifying “absurd” the idea that its founder could be held responsible for abuses committed by certain users.
Telegram, a controversial platform
Telegram, with nearly a billion active users, has established itself as one of the world's leading encrypted messaging services, thanks in part to its enhanced privacy features. Unlike other platforms like WhatsApp, it stands out for its refusal to sell its users' personal data and its commitment to never share this information with the authorities. This policy, while it has won many followers, has also made Telegram a prime target for criminals of all kinds, who take advantage of the lack of moderation.
The platform allows the creation of discussion groups of up to 200,000 people, facilitating the viral spread of false information and hateful content. Telegram has been repeatedly accused of not doing enough to counter the spread of neo-Nazi, pedophile, conspiracy theorist or terrorist publications and groups. During the Paris attacks in November 2015, Telegram was used to organize the attacks, which led to strong criticism of the company, remember The World. True to his libertarian vision, Pavel Durov then responded ironically: “If you want to ban crimes, start by banning words.”
International geopolitical consequences and implications
The arrest of Pavel Durov has caused a chain reaction on the international scene. In Russia, the Kremlin quickly denounced the decision of the French authorities, calling the action “policy”. Russian political figures, such as Deputy Speaker of the Duma Vladislav Davankov, have accused France of targeting Pavel Durov for reasons that go beyond the simple judicial framework. This situation is nevertheless reminiscent of the past confrontation between the CEO and the Russian authorities: the latter had tried to block Telegram in 2018 because of his refusal to cooperate with the intelligence services. Kremlin insiders had already got their hands on Pavel Durov's former platform, VKontakte, in 2014, forcing the entrepreneur into exile, before he created Telegram in Dubai.
At the same time, influential figures from Silicon Valley, led by Elon Musk, also reacted to the arrest of the Franco-Russian. The boss of X denounced what he sees as an attack on freedom of expression, saying it constitutes a ““Very convincing advertisement for the First Amendment of the Constitution” American law, which protects a very broad vision of this right. These reactions reveal the growing tensions between tech platforms and state regulators, particularly in Europe, where laws on content distributed online are becoming tougher.
What are the consequences for Telegram and Pavel Durov?
For Telegram, this arrest could have significant consequences, particularly in terms of regulation. Although Pavel Durov has always advocated decentralized management of the application, his personal influence on strategic decisions remains strong. If legal pressure intensifies, the platform could be forced to review its moderation policies and collaboration with the authorities. This case could also serve as a precedent for other messaging services or encrypted networks, facing the same regulatory challenges.
As Telegram continues to grow and attract new users, Saturday’s arrest could mark a turning point in how governments approach regulating such services. For Pavel Durov, who appeared in court on Sunday, things are getting complicated. According to some sources, the charges against him could earn him up to 20 years in prison. Russia, meanwhile, is trying to obtain consular access for its national, but France refuses: given his dual nationality, the billionaire is treated like any other French citizen.
