Page 21 - bne IntelliNews monthly magazine September 2024

bne September 2024 Companies & Markets I 21
• Complicity in the storage of pornographic images of a minor
• Conspiracy to organise the distribution, offer or provide pornographic images
• Assistance in the acquisition, transportation, storage, offer or transfer of narcotic drugs
• Aiding and abetting the offer, transfer or provision of equipment, tools, programs or data designed or adapted to access the operation of an automated data processing system without legal grounds
• Complicity in fraud committed by an organised group
• Criminal conspiracy to commit a felony or misdemeanour punishable by at least 5 years in prison
• Laundering of crimes or offences as part of an organised group
• Providing cryptographic services to ensure privacy without a declaration of conformity
• Provision of a cryptographic means that does not exclusively perform authentication or integrity control functions without prior declaration
• Importation of a cryptographic device that does not exclusively perform authentication or integrity control functions without prior declaration.
If convicted, Durov faces between 5 and 10 years imprisonment and a fine of between €150,000 and €500,000 under the new EU Digital Services law introduced earlier this year governing “very large social media platforms”.
The most serious charge that police could have brought, of being an accomplice to the criminal activities on Telegram, was not included, which carries a far longer sentence and heavier fine.
French authorities extended Durov’s detention on August 26 to 96 hours, after which he must either be formally charged or be released. Durov holds dual French and Russian nationality.
TF1 TV and BFM TV, both quoting unidentified sources, said the investigation is focused on a lack of moderation on the platform.
Telegram said in a statement that Durov “has nothing to hide” and travels frequently in Europe and added that the platform abides by European Union laws, including the Digital Services Act, which aims to ensure a safe and accountable online environment.
"Almost a billion users globally use Telegram as means of communication and as a source of vital information," the app's statement read. "We’re awaiting a prompt resolution of this situation. Telegram is with you all."
Russian foreign ministry spokeswoman Maria Zakharova posted on Telegram asking whether Western human rights NGOs would be silent on Durov's arrest, after they criticised Russia’s decision to “create obstacles” to the work of Telegram in Russia in 2018. Russia’s political class are spinning Durov’s detention as a free speech issue and using that to highlight the EU supposed hypocrisy over its adherence to its own values.
Telegram allows groups of up to 200,000 members, which critics have argued makes it easier for misinformation to spread, and for users to share conspiracist, neo-Nazi, paedophilic or terror-related content. Telegram stands out from the various messaging apps and social media platforms for its radical lack of moderation of what content is shared by its members.
Durov was detained as the French hope to “censor the truth", US journalist Tucker Carlson believes, who recently held
a rare interview with Durov.
"It was a western country, a Biden administration ally and enthusiastic Nato member that locked him away. Pavel Durov sits in a French jail tonight, a living warning to any platform owner who refuses to censor the truth at the behest of governments and intel agencies. Darkness is descending fast on the formerly free world," Carlson said on his X page.
Kremlin Spokesman Dmitry Peskov denied news media reports that Russian President Vladimir Putin allegedly had met with Durov during his visit to Azerbaijan.
"No," Peskov said, when asked whether the meeting had actually happened there.
The decision to detain Pavel Durov, co-founder of the Telegram messenger, is not political, French President Emmanuel Macron has said.
"The arrest of the president of Telegram on French soil took place as part of an ongoing judicial investigation. It is in no way a political decision. It is up to the judges to rule on the matter," the French leader wrote on his X page.
Macron added that he sees “false information regarding France following the arrest of Pavel Durov. France is deeply committed to freedom of expression and communication,
to innovation and to the spirit of entrepreneurship,” he said. “In a state governed by the rule of law, freedoms are upheld within a legal framework, both on social media and in real life, to protect citizens and respect their fundamental rights,” Macron added. “It is up to the judiciary, in full independence, to enforce the law," he emphasised.
Investigators in France have questioned the bodyguard and assistant Durov, after which they were released, the French publication Le Figaro reports .
Following the news of Durov's arrest, the Toncoin (TON), the cryptocurrency he set up, fell in price by 18.9%: from $6.79
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