France charges Telegram CEO Pavel Durov for alleged criminal activities on the app

Paris — The French authorities brought preliminary charges against Telegram CEO Pavel Durov on Wednesday for allowing alleged criminal activity through his messaging app, and was banned from leaving France pending further investigation. Free speech advocates and authoritarian governments have defended Durov since his arrest over the weekend, and the Kremlin’s top spokesman in Moscow warned on Thursday that the case “must not result in political persecution.”

“We consider him a Russian citizen and, to the extent possible, we will be ready to help him,” Kremlin spokesman Dmitry Peskov told reporters, adding that the Russian government would “watch what happens next in the tech entrepreneur’s case.” Durov was born in Russia but left the country about a decade ago and now holds Russian citizenship, as well as French, United Arab Emirates and the small Caribbean state of St. Kitts and Nevis.

The case drew attention to the challenges of combating illegal activities on the Internet, as well as Durov’s unusual biography and multiple passports.

Durov was Arrested Saturday at Le Bourget airport outside Paris as part of a wide-ranging investigation launched earlier this year. He was released on Wednesday after four days of questioning. Investigating judges issued preliminary charges on Wednesday evening and ordered him to pay bail of 5 million euros (about $5.5 million) and report to police twice a week, according to a statement from the Paris prosecutor’s office.

Reuters news agency quoted an unnamed UAE government official as saying the country was “in contact with the French authorities on this case” and also with Durov’s representatives. He added that the welfare of UAE citizens was a priority and the government would provide assistance if needed.

The allegations against Telegram and Pavel Durov

The French prosecutor’s office’s allegations against Durov include that his platform is being misused for criminal purposes, including the distribution of material on child sexual abuse and drug trafficking. In addition, Telegram has refused to provide information or documents to investigators, even though this is required by law.

Holly Williams, CBS News’ senior foreign correspondent, said it’s important to note that French authorities have not alleged that Durov was or is personally involved in the alleged crimes. They argue instead that his company, which allows its users to communicate via encrypted messages, making it difficult for authorities to monitor or review those communications, has failed to cooperate with other criminal investigations.

The first preliminary charge against him was “complicity in the management of an online platform to facilitate illegal transactions by an organized group,” a crime punishable by up to ten years in prison and a fine of 500,000 euros, prosecutors said.

In a provisional indictment under French law, judges have good reason to believe that a crime has been committed but want to allow more time for further investigation.

David-Olivier Kaminski, a lawyer for Durov, was quoted by French media as saying: “It is completely absurd to think that the person in charge of a social network could be involved in criminal acts that do not concern him directly or indirectly.”

Prosecutors said Durov is “the only person involved in this case at this stage.” They did not rule out that other people are under investigation, but declined to comment on other possible arrest warrants. Any other warrant would be announced only if the person against whom such a warrant is issued is arrested and informed of his rights, prosecutors said in a statement to AP.

French authorities opened an investigation in February because there had been “almost no response from Telegram to judicial requests” seeking data to track suspects, particularly those accused of crimes against children, prosecutors said.

Russia is ‘ready’ to help Durov in its own crackdown on free speech

Durov’s arrest in France has sparked outrage in Russia, with some government officials calling it politically motivated and evidence of the West’s double standards when it comes to freedom of expression. The outcry has caused consternation among Kremlin critics, as Russian authorities themselves attempted to block the Telegram app in 2018, but failed and lifted the ban in 2020.

The Russian government has also implemented a host of new laws since it began its large-scale invasion of Ukraine in February 2022. making it illegal to repeat or publish virtually any criticism the Kremlin’s military or the war, which it calls a special military operation.

Hundreds of journalists and democracy activists have fled Russia in recent years, and many others remain incarcerated on charges of violating the country’s draconian laws restricting freedom of expression. Russia has also arrested a number of foreign journalists who have covered the war, including Wall Street Journal reporter Evan Gershkovichwho was convicted of espionage before being released in a prison exchange in early August. The Journal and the U.S. government have consistently dismissed the allegations as unfounded.

Kremlin spokesman Peskov expressed hope that Durov would be given “all the necessary opportunities for his defense.” He added that Moscow was “ready to provide the Telegram chief with all the necessary help and support,” but acknowledged that the “situation is complicated by the fact that he is also a French citizen.”

In Iran, where Telegram is widely used despite its official ban following years of protests against the country’s Shiite theocracy, Durov’s arrest sparked comments from the Islamic Republic’s supreme leader, Ayatollah Ali Khamenei, who praised France, among other things, for taking “strict action” against those who “violate your control” of the internet.

French President Emmanuel Macron stressed on Monday that Durov’s arrest was not a political move but part of an independent police investigation. In a post on X, Macron said his country was “deeply committed” to freedom of expression, but “freedoms are maintained within a legal framework, both on social media and in real life, to protect citizens and respect their fundamental rights.”

The story of Telegram and Pavel Durov in Russia

A statement posted on the platform after Durov’s arrest said the company complies with EU laws and its moderation “meets industry standards and is constantly improving.”

“Nearly a billion users worldwide use Telegram as a means of communication and as a source of important information. We expect this situation to be resolved soon,” it said.

Telegram was founded by Durov and his brother after he himself came under pressure from the Russian authorities. In 2013, he sold his stake in VKontakte, a popular Russian social network he founded in 2006.

The company came under pressure during the Russian government’s crackdown on mass pro-democracy protests that rocked Moscow in late 2011 and 2012.

Durov said authorities had demanded that the website remove online communities of Russian opposition activists and later release the personal information of users who participated in the 2013-2014 popular uprising in Ukraine that ultimately led to the overthrow of a pro-Kremlin president.

Durov said in a recent interview that he rejected these demands and left the country.

The demonstrations prompted Russian authorities to take tougher action in the digital space. Telegram, with its privacy-friendly stance, offered Russians a convenient way to communicate and exchange messages.

Telegram also remains a popular news source in Ukraine, where it is used by media and authorities to exchange information about the war and to transmit warnings about rocket and air strikes.

Western governments have often criticized Telegram for its lack of content moderation.