French prosecutors have taken a bold step in placing Telegram CEO Pavel Durov under formal investigation for alleged cybercrime. This investigation hinges on a new, stringent law known as LOPMI (Law for the Strengthening of Internal Security and Protection Against Terrorism), enacted in January 2023. This law uniquely criminalizes tech executives whose platforms become facilitators for illegal activities, making it the first significant instance of its application.
Durov is facing serious charges, including “complicity in the administration of an online platform to allow an illicit transaction, in an organized gang.” These charges carry a potential 10-year sentence and a hefty €500,000 fine. While being under formal investigation does not automatically imply guilt, it signals sufficient evidence for a thorough probe.
Durov maintains his innocence, vehemently asserting that Telegram complies with all EU laws. The platform itself has labeled the accusations “absurd.” Meanwhile, Paris Prosecutor Laure Beccuau has publicly praised the effectiveness of the LOPMI law in combating online criminal activity. The law, with no known international equivalent, is being closely watched by legal experts and tech companies worldwide.
The case against Durov is pivotal, serving as a test for the LOPMI law’s reach and implications. The investigation is significant for its impact on the broader tech landscape, as it raises crucial questions about the accountability of tech executives for illegal actions on their platforms.
The investigation is not the first legal challenge Durov has faced. In August 2023, Paris Public Prosecutor Laure Beccuau issued a detailed statement outlining 12 serious charges against Durov. These accusations included complicity in facilitating illegal online transactions, unauthorized provision of cryptology services, and alleged involvement in child pornography distribution, drug-related offenses, organized fraud, and money laundering.
In response to these mounting pressures, Telegram has updated its policies on private chat moderation. Notably, the company retracted a statement from its FAQ page that previously assured users of immunity from moderation requests in private chats. This decision came after Durov’s first public statement post-arrest, where he pledged to improve content moderation on the platform.
The case against Durov is sure to continue to unfold, with its implications resonating far beyond the borders of France. The outcome will have a major impact on the legal landscape for tech companies and their executives, particularly regarding their responsibility for the activities conducted on their platforms.
