Pavel Durov, CEO and co-founder of the messaging app Telegram, has been charged in France with facilitating various forms of criminal activity on the platform, French prosecutors announced Wednesday.
One of the charges—complicity in administering an online platform that permits illicit transactions by an organized group—carries a maximum penalty of 10 years in prison and a fine of 500,000 euros ($555,750), according to prosecutors.
This case is one of the rare instances where a CEO of a major internet platform faces criminal charges for allegedly failing to moderate user activity. The Paris prosecutor’s office, in a statement Wednesday, accused Telegram of largely ignoring legal requests for user data in cybercrime investigations.
Among the offenses listed by prosecutors were failure to communicate with authorities, complicity in crimes involving child sexual abuse material (CSAM) and drug trafficking, and implementing encryption technology without proper declaration.
Durov, who is awaiting trial, has a bail set at 5 million euros ($5.6 million) and is prohibited from leaving France. He must report to the police twice weekly, according to the official statement.
Durov has been in French custody since Saturday and was transferred to court for questioning on Wednesday. Prosecutors revealed that his arrest is part of a broader investigation, launched in July, into an unnamed individual accused of facilitating criminal activities, including the distribution of CSAM and drug trafficking.
The charges seem to be focused on Telegram, with prosecutors specifically citing the platform’s failure to register its encrypted messaging service with the French government.
Under Durov’s leadership, Telegram has been criticized for its reluctance to moderate content or collaborate with law enforcement. Durov, originally from the former Soviet Union, has portrayed himself as a staunch defender of free speech, moving Telegram's headquarters to the United Arab Emirates after resisting demands from the Kremlin to hand over user data.
Durov’s arrest has stirred debate within free speech circles and among prominent figures in the tech industry. Some have suggested that French authorities are seeking to control or gain access to communications on the platform.
A spokesperson for Telegram told NBC News that the company uses a combination of moderators, artificial intelligence, and user reports to remove public channels hosting CSAM. The company also publishes daily reports claiming to remove thousands of such channels.
However, Telegram's terms of service state that there is no mechanism to report illegal activity within private chats and that the platform has never provided user information to any government. This policy stands in stark contrast to other major tech companies, many of which regularly disclose compliance with government requests for user data.
Telegram has yet to respond to requests for comment regarding Durov's indictment.
