Is the imprisonment of Telegram founder Pavel Durov an attack on freedom of expression?

Telegram founder Pavel Durov was arrested on Saturday on the runway at Paris-Le Bourget airport in France, shortly after disembarking from his private jet. He was accompanied by a bodyguard and a female companion. Durov, who holds French citizenship, had flown to Paris-Le Bourget (12 kilometers from Paris) from Azerbaijan.

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By 2023, the Telegram app had been downloaded around 20 million times in the US and had around 10 million monthly active users, representing less than 2% of Telegram's global user base. Known for its strong encryption and privacy features, Telegram has attracted a niche user base that cares about security and free speech.

In Europe, Telegram has about 41 million monthly active users. While European users appreciate Telegram's privacy-focused features, the app has also been criticized for its role in promoting illegal activities due to its strong encryption and lack of content moderation.

Robert F. Kennedy Jr., a politician and former independent U.S. presidential candidate, expressed concern about Durov's arrest, saying, “The need to protect free speech has never been more urgent.”

Durov was already on a wanted list. Knowing about the arrest warrant, he had avoided traveling to Europe. The reasons for his decision to travel to France are unknown. The French customs authority ONAF took Durov into custody until an official charge was brought against him.

Activist Vladislav Mazur takes part in a one-person vigil to protest the arrest of Pavel Durov, founder and CEO of messaging app Telegram, near the French embassy in Moscow, Russia, August 25, 2024. (Source: REUTERS/Yulia Morozova)

Elon Musk, owner of Tesla, SpaceX and X, responded to Durov's arrest by saying: “It's 2030 in Europe and you're being executed for liking a meme.” He also used the hashtag #FreePavel to campaign for Durov's release.

At the same time, far-right American television host Tucker Carlson, who interviewed Durov in April 2024, noted: “France has just arrested Pavel Durov, the founder and CEO of the encrypted, uncensored Telegram platform. The need to protect free expression has never been more urgent.”

Complicity in drug trafficking, fraud and crimes against children

French authorities accuse Durov of complicity in drug trafficking, fraud and crimes against children. They cite Telegram's lack of cooperation with French police, failure to moderate chats and features that allow users to make cryptocurrency transactions within the app or register without a phone number.

Back in 2015, Russian authorities tried to ban Telegram. At the time, Durov responded: “I propose to ban words. There is evidence that terrorists use them to communicate.”

The Russian Foreign Ministry has begun supporting Durov in France, according to the ministry, although his representatives did not ask for help.

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Following the news of Durov's arrest, the cryptocurrency he created, TONCoin, crashed, losing over 17% of its value.

Dr. Nikolai Topornin, a Russian expert on international relations and geopolitics, told The Media Line that unlike Mark Zuckerberg or Elon Musk, who are often in the public spotlight, Pavel Durov maintains a much more private and reclusive lifestyle.

“However, he is not hiding; everyone knows that his headquarters and Telegram's servers are located in the United Arab Emirates, from where most of the platform's operations are controlled,” he said.

“Since 2021, Durov has French citizenship in addition to his Russian, St. Kitts and Nevis and United Arab Emirates citizenship. It is important to understand that in the French legal system, no one is untouchable – neither public nor private persons. For example, former presidents Jacques Chirac and Nicolas Sarkozy faced serious legal persecution, with Sarkozy even receiving a conviction that ended his political career. Therefore, Durov's arrest should be viewed calmly, as it is not considered a major sensation in France,” Topornin added.

He also noted that Durov would probably not be able to obtain house arrest by paying a high bail alone.

“The court may fear that he could use his considerable resources to disrupt the trial. He could be held in a pre-trial detention center while awaiting trial. Given that there are no untouchables in the French legal system and the arrest was likely approved by President Macron, Durov's detention could be extended, depending on his willingness to cooperate with French authorities,” Topornin said, adding that Durov's arrest was mainly due to concerns about Telegram's robust encryption.

“The platform's secret chats allow users to hide their communications from authorities, which has been exploited by criminals. French investigators have raised concerns that Telegram's encryption has facilitated illegal activities, including terrorist acts. In addition, Durov's refusal to introduce internal censorship and allow discussions on issues such as drug trafficking and arms sales has become a significant point of contention with governments,” he said.

Political scientist Leonid Goldenberg stressed that it is difficult to make predictions about the arrest at this stage, but it is likely that governments are interested in gaining influence over Telegram's activities.

“Durov may be forced to cooperate with authorities in France and the US, who have long wanted to penetrate Telegram. It is crucial to understand that Telegram is no longer just a messenger like it used to be. It has grown into a huge ecosystem with an internal wallet and its own cryptocurrency. Many people are desperate to get a piece of this lucrative pie. The state has long been trying to expand its monopoly on how people communicate, what they say and how they spend their money,” Goldenberg told The Media Line.

Goldenberg also pointed out the manipulative tactics companies are using to try to exert control over Telegram.

“Let's not forget that large companies hiding behind the state have also tried to influence Telegram. Take Apple, for example – they charge a 30 percent commission on everything on iPhones and even prevented developers from collecting donations within Telegram just because Telegram did not give them their 30 percent share. There is no such VAT in any country, but Apple charges this kind of commission. In response, Durov had to come up with new features like Telegram's internal currencies,” he told.

Goldenberg explained that ToneCoin's crash following Durov's imprisonment hit hard those who rely on Telegram as a content creation platform.

“Since Durov's arrest, we have seen ToneCoin and everything built on it crash severely, hitting independent developers the hardest. This affects their ability to monetize content and get paid. And of course, all of this is justified under the guise of 'security' – with claims that drugs are being sold on Telegram, that terrorists are organizing attacks on Telegram.”

According to Goldenberg, the allegations of aiding and abetting terrorism are merely a means of undermining the platform and restricting freedom.

“The whole argument about security is a lie. It is wrong to say that nothing can be tracked without access to Telegram's internal data. If there is a court order proving that someone has committed a crime, Telegram will grant access to that person's communications if there is a court ruling. Banning Telegram is like banning cars because people use them to run over others. This is a clear attempt to justify the suppression of individual freedoms under the guise of collective survival. Terrorism is used as a tool to eliminate or suppress individuality, making it easier to turn society into a totalitarian state,” he said.

Topornin said that while the situation surrounding Durov's arrest remains uncertain, Telegram may have strategies in place to continue operating.

“Telegram has a plan B to keep operations going even if its leaders, including Durov, are arrested. Therefore, there may not be any significant changes on the platform itself immediately,” he said.

“I think Telegram will continue to function and its cryptocurrencies will survive – I hope so. But the world is becoming increasingly closed and unfree, and that is a reality we have to face,” Goldenberg concluded.

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