【Watch The Silencing Online】

Telegram founder and Watch The Silencing OnlineCEO Pavel Durov has been arrested in France in relation to an investigation concerning the messaging app's moderation — or lack thereof. 

Durov was taken into custody at Paris-Le Bourget Airport on Saturday evening local time, with Reuters reporting that he had just arrived from Azerbaijan by private jet. According to AFP's sources, the warrant for Durov's arrest was issued by OFMIN, a French law enforcement agency focused on combating violence against minors.

Telegram is reportedly being investigated for failure to curb criminal activity on its platform, thanks in no small part to its permissive moderation policies. It has also been accused of failing to cooperate with French authorities investigating such activity, which apparently includes fraud, drug trafficking, child sexual abuse material, promotion of terrorism, organised crime, and cyberbullying.

The messaging app has released a statement defending Durov, claiming that it has not violated the law and now awaits "a prompt resolution of this situation."

"Telegram abides by EU laws, including the Digital Services Act —  its moderation is within industry standards and constantly improving," Telegram wrote in a post on X. "Telegram’s CEO Pavel Durov has nothing to hide and travels frequently in Europe. It is absurd to claim that a platform or its owner are responsible for abuse of that platform."

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French authorities can hold suspects for a maximum of 96 hours, after which they must either be released or charged. According to a report from The Guardian, Durov's detention period has already been extended beyond Sunday night by the investigating magistrate. 

While Durov was born in Russia, he also holds multiple other citizenships, including one from France. This appears to be causing some conflict between the countries, as Russian officials reportedly state that France is refusing to provide Durov access to the Russian consulate.

Some Russian officials have further accused France of censorship. Russia's Commissioner for Human Rights Tatyana Moskalkova reportedly claimed that the true motive behind Durov's arrest "is an attempt to close Telegram as an internet resource where you can find out the truth about world events." The messaging app is a popular tool for Russian authorities.

Russia was previously at odds with Telegram in 2017, when the latter refused demands that it decrypt communications from six users suspected of "terrorism-related activities." In response, Russia fined Telegram and blocked it in the country, a ban which Russian courts upheld until it was eventually lifted in 2020.

Social media users have begun using the hashtag #FreePavel to call for his release, with billionaire Elon Musk using it to share a video of Durov praising his platform X for becoming "more pro-freedom of speech." Whistleblower Edward Snowden also condemned Durov's arrest, calling it "an assault on the basic human rights of speech and association."

Telegram's loose approach to moderation lures criminals

Telegram has built a reputation as a privacy-focused messaging app, offering end-to-end encryption and stating that it will "protect user data at any cost." Unfortunately, this policy has also allowed misinformation, disinformation, and criminal activity to flourish on the app, with data leaks, revenge porn, counterfeit documents, and Nazi extremists all finding a home on Telegram.

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The company is well aware that its services are being used for criminal purposes. Despite this, Telegram appears to have little interest in attempting to halt such activity. It specifically addresses the issue on its FAQ page, responding to the question, "There's illegal content on Telegram. How do I take it down?"

"All Telegram chats and group chats are private amongst their participants," wrote Telegram. "We do not process any requests related to them."

This isn't to say that Telegram has never dabbled in moderation. Shortly after the Jan. 6 attack on the U.S. Capitol, the app blocked "dozens" of channels on the grounds that they promoted violence. At the time, a Telegram spokesperson told CNN that they "routinely remove publicly available content that contains direct calls to violence."

Even so, Telegram has a much longer and more consistent history of taking a laissez-faire approach to content moderation.

The dichotomy between law enforcement and the right to privacy isn't one with a clear solution. Governments around the world have tried forcing tech companies to build back doors into their encryption, citing the need for law enforcement to access users' chat logs. However, privacy advocates argue that it's impossible to create an encryption bypass without weakening security for everyone, as the technology just doesn't work that way.