By: Klara Širovnik
September 3 2024
"Punk Pavel Durov got arrested. Why? Because he built a P2P social media app where people could exchange words without the worry of surveillance," reads one of the posts trending on X, formerly Twitter, in recent days, along with the now-viral hashtag #freePavel.
The arrest of Telegram CEO Pavel Durov at Paris' Le Bourget airport on August 24 prompted much speculation about the cause of his detention. The argument that it was politically motivated and a crackdown on freedom of speech is prevalent. One of the most widely circulated claims, viewed by 36 million users so far, was a post by Elon Musk, who shared the news about Durov's arrest with the caption: "POV: It's 2030 in Europe and you're being executed for liking a meme."
Durov's arrest also seems to have activated those who are not primarily active on Telegram but are arguing that it reflects a broader issue across other platforms and signals increasing control over modern society. "Why do you think they just arrested the OWNER OF TELEGRAM, Pavel Durov? This is a test run. They are setting a precedent. Their ultimate target is Elon Musk," reads another post already seen by more than 663,000 X users. Another tech executive, Chris Pavlovski, CEO of Rumble, also commented: "France has threatened Rumble, and now they have crossed a red line by arresting Telegram's CEO, Pavel Durov, reportedly for not censoring speech. Rumble will not tolerate this behavior and will use every legal means available to defend freedom of expression, a universal human right."
But did the French arrest the tech magnate because his platform allows freedom of speech and communication without surveillance?
Logically Facts breaks down the background to the arrest and examines the misinformation surrounding the reasons for it.
Durov, a Russian-born billionaire often referred to as the "Russian equivalent of Mark Zuckerberg" was arrested at Le Bourget airport on August 24 after arriving on a private jet from Azerbaijan with Juli Vavilova, a video game streamer and "crypto coach." Vavilova's social media posts have fueled speculation about her possible involvement in Durov's arrest, as she had been sharing posts that appeared to track their travels across Azerbaijan, with images and videos that seemed to coincide with Durov's movements.
French police, who reportedly spotted Durov's name on the passenger list, acted on an arrest warrant issued on March 25 for Durov and his brother Nikolai. Pavel Durov now faces 12 charges, including complicity in managing an online platform that facilitates illicit transactions by an organized group, refusal to provide information to authorities, and complicity in distributing child pornography. The Tribunal Judiciaire de Paris, the main court in Paris that handles serious criminal cases, also accuses him of withholding information and offering uncertified cryptology services.
Durov was later taken into custody and is currently out on €5 million bail, having surrendered his French, Saint Kitts and Nevis, and Russian passports. He is prohibited from leaving France and must report to a police station twice weekly. French judicial authorities will continue investigating the charges - this does not imply guilt but means there is enough evidence to proceed with the case. If convicted, he could face up to 10 years in prison.
Telegram asserts that Durov had nothing to hide and that the platform complies with EU laws and is not responsible for misuse. Debate is now swirling as to whether platform owners can be held liable for illegal activities on their sites. A post with over 423,000 views compares blaming Durov for illegal content on Telegram to blaming French President Emmanuel Macron for street crime in Paris. The Kremlin, despite its strained relationship with Durov, has urged France to provide solid evidence against him. Others are speculating that the arrest could be EU retaliation for Russian actions in Ukraine, or that Macron was personally responsible for the arrest due to his own political motivations.
"The arrest of @Durov is an assault on the basic human rights of speech and association," says Edward Snowden in an X post viewed by 3.7 million users. "Governments should not engage in censorship. This is a blatant and deeply troubling overreach of power," argues Lex Fridman, host of the Lex Fridman Podcast, in a post seen by 1.5 million users.
Many believe the arrest targets platforms that are independent of state control or do not sell user data, leading some to view Durov as a free speech martyr. However, critics like Matthew Daniel Green, a cryptographer and associate professor at Johns Hopkins University, argue that Durov should not be considered a "privacy hero." Green criticizes Telegram for collecting excessive data, neglecting basic encryption, and moving data centers to the Middle East under the guise of security while promoting a "trust us" approach.
Telegram is often mistakenly considered an encrypted messenger. As John Scott-Railton, Senior Researcher at Citizen Lab, points out, it functions more like an unencrypted social network for most users. Most Telegram features, including regular messages, groups, and channels, are not end-to-end encrypted by default. Only "secret chats" offer end-to-end encryption, and users must opt-in for this feature.
Despite having nearly one billion users, Telegram has minimal content moderation and has only about 50 staff. Meta, in contrast, employs around 40,000 for safety. Although EU regulators have pursued X, Meta, and TikTok, Telegram has escaped scrutiny, partly because it claims it has fewer than 45 million users in the EU, thus avoiding direct oversight.
The main question is whether Durov's management of Telegram violated French and EU laws. Despite EU pressure and the 2022 Digital Services Act, a European Commission spokesperson confirmed that the arrest, related to alleged criminal activity, is not linked to DSA obligations. France appears to be acting independently, and there is no evidence of a broader agenda behind the arrest. The arrest was conducted under French criminal law, according to the commission's spokesperson.
One post claims that Emmanuel Macron invited Durov to dinner, suggesting that the French president lured him to France in order to arrest him. Another alleges that Macron granted Durov citizenship to facilitate his arrest, with accusations of U.S. involvement. Macron denies these claims, stating he had no knowledge of Durov's visit. He defended granting Durov citizenship in 2021 as part of a broader strategy to welcome influential international figures who contribute positively to France, similar to other notable individuals (like American entrepreneur Evan Spiegel).
Why are those claims emerging? The political situation is complicated, as Macron dissolved the National Assembly two months ago. A new assembly should have started working at the beginning of September, but there hasn't been any new development yet, Baptiste Robert, a French security researcher specializing in ethical hacking and open-source intelligence, told Logically Facts.
Some speculate that Macron directly ordered Durov's arrest because of the upcoming presidential campaign in March 2025. Macron's political party and associated campaign activities are known to use Telegram extensively. "If Russia or other countries have backups of these conversations, they might hold a lot of information about Macron and his campaign strategy. So, there is a theory that the arrest was made to prevent Durov from revealing or handing over this sensitive information to the Russians," Robert said. These allegations cannot be factually verified as they concern internal political machinations within the French government which are not in the public domain.
The arrest has yet to affect France internationally, despite a viral post seen by 7.7 million claiming that the UAE froze a jet contract with France due to Durov's arrest. However, Logically Facts found no evidence supporting these claims.
Durov's relationship with Russia is complex. His family was persecuted under Stalin, and he opposed Putin's regime when he sold his stake in VKontakte to Kremlin-linked investors. The move was partly due to his refusal to comply with the Russian government's demands for user data and his criticism of the regime's policies. Durov went on to launch Telegram to protect privacy. However, despite claims of exile, he visited Russia over 50 times between 2015 and 2021. Robert notes that the narrative of Durov as an exiled opponent of the Russian government is more complex. The dates of these trips align with important events for Telegram. For example, whenever Telegram faced significant issues or threats of bans, Durov traveled to Russia to resolve the problems.
"This isn't too surprising, considering Durov is the CEO of Telegram and would naturally try to protect his company. However, in France, Durov is seen as someone who isn't opposed to Russia," Robert told Logically Facts. For instance, in 2014, he refused to share information about VKontakte users with Russian authorities and subsequently sold his shares in the company, relocating to Dubai. He then created Telegram to secure communications and promote free speech. "Yet, there's a conflicting view of Durov. While he's alive and well, which is unusual given how many Russian billionaires have died under mysterious circumstances, it suggests he might be cooperating with Russian authorities," Robert added. This is further supported by his frequent travels to Russia, leading some to speculate that Telegram's communications might be accessible to Russian intelligence services.
A post on X also claims French authorities are accusing Durov of "colluding with Russia" despite his troubled relationship with the Kremlin. Given Telegram's use by Russian troops and pro-war bloggers, some believe his arrest in France could be retaliation for providing a platform that supports the war effort. A Russian military blogger criticized the arrest as a move against the head of the Russian army's communications.
However, French President Emmanuel Macron clarified on X that the arrest of Telegram's president is part of an ongoing judicial investigation, not a political decision, and is unrelated to international tensions amid widespread misinformation. "In a state governed by the rule of law, freedoms are upheld within a legal framework, both on social media and in real life," he wrote. It is up to the judges to rule on the matter.