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Telegram CEO Pavel Durov Arrested in France, Sparking Outcry Over Free Speech

LEGAL NEWS STRAIGHT

Free speech is an illusion. You are only free to say what you want, as long as it doesn’t offend or bother the people in power. Today, we learn that lesson again, as Pavel Durov, the Russian-born billionaire and founder of the Telegram messaging app, was arrested at Le Bourget airport near Paris.

Telegram CEO Pavel Durov Arrested in France, Sparking Outcry Over Free Speech

Telegram is a communication app like WhatsApp, Facebook Messenger, and Skype. One of the features of the app allows users to create groups and invite people into the group who share a similar interest. Telegram is the most popular instant messaging application in parts of Europe, Asia, and Africa. As of July 2024, Telegram has more than 950 million monthly active users, with India leading in the number of users.

Telegram quickly became the go-to platform for adult content creators, especially during the COVID-19 pandemic, when many had to adapt to a new reality with little guidance. Almost overnight, hundreds of Telegram groups emerged, offering support and advice on managing and marketing OnlyFans pages. These communities allowed creators to collaborate, share knowledge, and learn from each other, ultimately helping them run their pages more successfully.

Multiple sources say French authorities detained Pavel Durov shortly after he landed on a private jet from Azerbaijan. The arrest has sparked a wave of reactions, including a stern warning from Moscow and criticism from prominent figures like Elon Musk.

Durov, who holds dual citizenship in France and the United Arab Emirates, was apprehended as part of a preliminary investigation into allegations that Telegram has been enabling a range of criminal activities due to insufficient moderation and a lack of cooperation with law enforcement. France’s cybersecurity gendarmerie unit and the national anti-fraud police are leading the investigation.

While there has been no official confirmation from French authorities, sources within the police have stated that Durov’s name appeared on a passenger list, prompting the arrest based on an outstanding warrant in France. The arrest has not only caused ripples in France but also drew a swift response from the Russian government. Russia’s foreign ministry has demanded access to Durov, despite his French citizenship, calling him a “political prisoner.”

Durov’s arrest comes amidst growing scrutiny of Telegram, particularly for its role in facilitating unfiltered content related to the Russia-Ukraine war. Telegram, which has close to 1 billion users globally, has been a significant platform in Russia and former Soviet republics, often used by both governments and opposition groups. In Russia, Telegram has become a vital communication tool, especially after the app refused to comply with a 2018 court order to grant state security services access to encrypted messages, leading to a short-lived ban.

Critics of the arrest, including Elon Musk, have voiced concerns that Durov’s detention signals an attack on free speech in Europe. Musk, who owns the social media platform X (formerly Twitter), tweeted, “It’s 2030 in Europe, and you’re being executed for liking a meme,” in response to Durov’s arrest.

Durov, who left Russia in 2014 after refusing to shut down opposition communities on his VK social media platform, has often spoken about the pressures he faces from governments. Despite this, he has remained firm in his stance that Telegram should remain neutral and not be drawn into geopolitical conflicts.

The situation has also drawn attention to broader concerns over digital privacy and the role of encrypted messaging platforms. Telegram has faced scrutiny in several European countries over security and data breach concerns, and Durov has previously accused U.S. law enforcement agencies of attempting to gain backdoor access to the platform.

In the United States, platforms like Twitter and Telegram are protected under Section 230 of the Communication Decency Act of 1996.

Section 230 says that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This federal law preempts any state laws to the contrary: “[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.” The courts have repeatedly rejected attempts to limit the reach of Section 230 to “traditional” Internet service providers, instead treating many diverse entities as “interactive computer service providers.”

This, however, is a law only relevant to the United States. France and other countries don’t offer such protections.


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