By Gaspard Sebag
Pavel Durov, the Chief Executive Officer of Telegram, was charged in France for complicity in the spread of sexual images of children and other crimes, in a rare example of a tech leader being held liable for the way their platform is used.
The case against Durov paints a picture of a platform almost entirely uncooperative with authorities and includes allegations he refused to help agencies run legal wiretaps on suspects, Paris prosecutors said in a statement late Wednesday. He faces further accusations of enabling organized criminals to carry out unlawful transactions on the platform.
The 39-year-old billionaire posted bail of €5 million ($5.6 million) after being questioned by a judge on Wednesday and following four days of police custody. He’s not allowed to leave France and must check in with the authorities twice a week.
Content spread via Telegram, which has 900 million active users, has frequently drawn the ire of governments ranging from the European Union to authoritarian regimes in Russia and Iran.
The platform is used by protesters and those who want a free space to criticize authoritarian regimes and has also become a hub for conspiracy theorists and extremists. Law enforcement agencies have found they have more leverage to persuade US tech companies like Meta Platforms Inc. and Alphabet Inc.’s Google to cooperate with investigations than Dubai-based Telegram.
Still, it is unusual to target executives for crimes committed on their platforms. Although the cases were somewhat different to the allegations against Durov, US prosecutors have done so on occasion.
Ross Ulbricht was sentenced to life in prison in 2015 for running an online drug bazaar called Silk Road. Binance founder Changpeng Zhao pleaded guilty to anti-money-laundering and sanctions violations last year.
Durov has drawn support from many in the social media industry since his arrest on Saturday when disembarking from a private jet at a Paris airport. X owner Elon Musk called for his release in a post that suggested the case raises concerns over free speech.
Telegram was launched in 2013 as a messenger similar to WhatsApp and has evolved into an everything app that also provides services including news feeds, shopping and games. Durov’s light-touch approach to content moderation has led to a proliferation of crime on the platform.
Paris Prosecutor Laure Beccuau said that while Telegram appeared in numerous cases that focused on crimes on minors, drug trafficking or online hate, her teams noted the platform’s “near complete” lack of response to legal requests for cooperation. A similar situation was reported by authorities in neighboring countries, including Belgium.
“That’s what led JUNALCO to open an investigation into the possible criminal responsibility of the messaging app’s executives in the commission of these offenses,” Beccuau said, referring to her unit focusing on organized crime.
David-Olivier Kaminski, an attorney for Durov, said Thursday that the app abides by European laws. “It is absurd to claim that a platform or its owner are responsible for abuse of that platform.”
Durov’s attitude to regulation helped make Telegram into a giant but also put him at odds with governments for repeatedly ignoring requests to better moderate content on his platform. He claims that he has over 100 children, has styled himself as a radical libertarian and cultivates a look riffing off of Keanu Reeves’ Neo character in The Matrix.
France has a history of holding its business and political leaders to account through the courts.
Ex-President Nicolas Sarkozy was convicted twice in the space of a year over corruption and campaign finance charges. Meanwhile, Arnaud Lagardère, the French business scion who heads a publishing group now controlled by Vivendi SE, was charged with alleged embezzlement earlier this year.
But the French judiciary is notoriously slow to process cases. Pressing charges is a key point in French probes but a criminal trial, if any is ordered, may be several months or even years away. National Rally leader Marine Le Pen is due to face trial in September over allegations dating back about a decade ago. Meanwhile, UBS Group AG is still fighting a case that was triggered by a 2008 whistleblowing report.
In the Telegram case, investigators will likely seek to question additional suspects or witnesses and Durov also will have an opportunity to challenge investigators’ findings before any decision is made on holding a trial.
Durov can also appeal the order to stay in France, and the authorities have in the past allowed suspects to travel to visit an ailing family member. Durov was born in Russia and holds passports from there as well as France and the United Arab Emirates.
The charges Durov currently faces could result in as much as 10 years in jail.