France issues preliminary charges against Telegram CEO
Both free-speech advocates and authoritarian governments have spoken out in Telegram CEO Pavel Durov's defence since his weekend arrest
PTI
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Telegram CEO Pavel Durov
Paris, 29 Aug
French authorities
handed preliminary charges to Telegram CEO Pavel Durov on Wednesday for
allowing alleged criminal activity on his messaging app, and barred him from
leaving France pending further investigation.
Both free-speech
advocates and authoritarian governments have spoken out in Durov's defence
since his weekend arrest. The case has also called attention to the challenges
of policing illegal activity online, and to the Russia-born Durov's own unusual
biography and multiple passports.
Durov was detained
on Saturday at Le Bourget airport outside Paris as part of a sweeping
investigation opened earlier this year, and released earlier Wednesday after
four days of questioning. Investigative judges filed preliminary charges
Wednesday night and ordered him to pay 5 million euros bail and to report to a
police station twice a week, according to a statement from the Paris
prosecutor's office.
Allegations
against Durov, who is also a French citizen, include that his platform is being
used for child sexual abuse material and drug trafficking, and that Telegram
refused to share information or documents with investigators when required by
law.
The first
preliminary charge against him was for "complicity in managing an online
platform to allow illicit transactions by an organised group", a crime
that can lead to sentences of up to 10 years in prison and 500,000 euro fine,
the prosecutor's office said.
Preliminary
charges under French law mean magistrates have strong reason to believe a crime
was committed but allow more time for further investigation.
David-Olivier
Kaminski, a lawyer for Durov, was quoted by French media as saying “it's
totally absurd to think that the person in charge of a social network could be
implicated in criminal acts that don't concern him, directly or indirectly”.
Prosecutors said
Durov is, “at this stage, the only person implicated in this case.” They did
not exclude the possibility that other people are being investigated, but
declined to comment on other possible arrest warrants. Any other arrest warrant
would be revealed only if the target of such a warrant is detained and informed
of their rights, prosecutors said in a statement to the AP.
French authorities
opened a preliminary investigation in February in response to "the near
total absence of a response by Telegram to judicial requests" for data for
pursuing suspects, notably those accused of crimes against children, the
prosecutor's office said.
Durov's arrest in
France has caused outrage in Russia, with some government officials calling it
politically motivated and proof of the West's double standard on freedom of
speech. The outcry has raised eyebrows among Kremlin critics because in 2018,
Russian authorities themselves tried to block the Telegram app but failed, withdrawing
the ban in 2020.
In Iran, where
Telegram is widely used despite being officially banned after years of protests
challenging the country's Shiite theocracy, Durov's arrest in France prompted
comments from the Islamic Republic's supreme leader. Ayatollah Ali Khamenei
weighed in with veiled praise for France for being “strict” against those who
“violate your governance” of the internet.
French President
Emmanuel Macron said Monday that Durov's arrest wasn't a political move but
part of an independent investigation. Macron posted on X that his country “is
deeply committed” to freedom of expression but “freedoms are upheld within a
legal framework, both on social media and in real life, to protect citizens and
respect their fundamental rights”.
In a statement
posted on its platform after Durov's arrest, Telegram said it abides by EU
laws, and its moderation is “within industry standards and constantly
improving”. “Almost a billion users globally use Telegram as means of
communication and as a source of vital information. We're awaiting a prompt
resolution of this situation," it said.
In addition to
Russia and France, Durov is also a citizen of the United Arab Emirates and the
Caribbean island nation of St Kitts and Nevis.
The UAE Foreign
Ministry said Tuesday that it was "closely following the case" and
had asked France to provide Durov "with all the necessary consular
services in an urgent manner”.
Kremlin spokesman
Dmitry Peskov said he hoped that Durov “has all the necessary opportunities for
his legal defense” and added that Moscow stands “ready to provide all necessary
assistance and support” to the Telegram CEO as a Russian citizen. “But the situation is complicated by the fact
that he is also a citizen of France,” Peskov said.
Telegram was
founded by Durov and his brother after he himself faced pressure from Russian
authorities. In 2013, he sold his stake in VKontakte, a popular Russian social
networking site which he launched in 2006.
The company came
under pressure during the Russian government's crackdown following mass
pro-democracy protests that rocked Moscow at the end of 2011 and 2012.
Durov had said
authorities demanded that the site take down online communities of Russian
opposition activists, and later that it hand over personal data of users who
took part in the 2013-2014 popular uprising in Ukraine, which eventually ousted
a pro-Kremlin president.
Durov said in a
recent interview that he had turned down these demands and left the country. The
demonstrations prompted Russian authorities to clamp down on the digital space,
and Telegram and its pro-privacy stance offered a convenient way for Russians
to communicate and share news.
Telegram also continues to be a popular source of news in Ukraine, where both media outlets and officials use it to share information on the war, and deliver missile and air raid alerts. Western governments have often criticised Telegram for a lack of content moderation.
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