Whether Durov’s arrest is a dangerous precedent for free speech or a lesson learned for criminal activity --- or perhaps both --- remains to be seen.
Durov, born in Russia and but now a French citizen, was arrested as part of a judicial inquiry that involved multiple alleged criminal violations, including disseminating child sex abuse materials, drug trafficking, terrorist communication and more.
“An investigating judge has ended Pavel Durov’s police custody and will have him brought to court for a first appearance and a possible indictment,” a statement from the Paris prosecutor’s office said.
French President Emmanuel Macron said on Aug 26 that Durov’s arrest was not motivated by politics but law. Macron posted on X that “freedoms are upheld within a legal framework, both on social media and in real life, to protect citizens and respect their fundamental rights.”
The Telegram platform has pushed back on this claim, suggesting that it cannot be held responsible for people who abuse the laws. “It is absurd to claim that a platform or its owner are responsible for abuse of that platform,” Telegram’s post said. “Almost a billion users globally use Telegram as means of communication and as a source of vital information. We’re awaiting a prompt resolution of this situation. Telegram is with you all.”
On X, Shaun Maguire, a venture capitalist in Silicon Valley, posted a lengthy defense of Durov in light of his relationship with Russia, France and the reach of Telegram. Maguire says the world is “underestimating the significance” of Durov’s arrest. “What you're missing is that Durov has been the enemy of autocratic governments his entire adult life,” Maguire said. “And many Western governments are rapidly descending towards autocracy, so Durov is now their enemy as well.”
The European Union’s digital enforcer Theirry Breton recently threatened Elon Musk because he facilitated a conversation with Donald Trump on X. This is not the same as accusing Musk of owning a platform that hosts terrorist communications, but it does demonstrate Europe’s relentless misunderstanding of America’s commitment to free speech.
Europe does not seem as friendly to the idea of unfettered free speech as America is. One could make the case that people have benefited far more with more freedom to speak than less. But that there is a darker side to this too.
Telegram, like other similar platforms, is a double edged sword, allowing for communications for necessary protests, like the one in Belarus in 2020, but also, allegedly, allowing for illegal activities too. Several child advocacy groups claim their warnings that the app was not moderating or preventing child sex exploitation activity were ignored and expressed relief that the French government arrested Durov. This allegation should be taken seriously.
Part of the enormous responsibility of running such a platform is to ensure that users who are not following the platform’s guidelines, or who are using the app as a haven for illegal activity, are unable to use the platform. Easier said than done with a platform the size of Telegram.
Instagram and Facebook faced similar issues with child predators taking advantage of the platforms to prey on children. But imagine if, instead of grilling CEO Mark Zuckerberg in a hearing, or requesting information and cooperation from the companies, federal law enforcement showed up at Zuckerberg’s house and arrested him? That’s a bridge too far for America. The point should be to stop illegal activity and punish the perpetrators, not muzzle the person who created the online portal they chose to abuse.
Perhaps Durov was warned repeatedly by French police that as the creator of the platform, he bore responsibility for alleged illegal activity and he did not have enough safeguards on the app. Perhaps he doesn’t feel he needs to. This is not clear yet.
As a mother and lover of free speech, child sex exploitation online cannot go unchecked. The internet has unleashed a level of abuse and darkness that will destroy the innocence of youth if we, the adults, do not try to seek abusers and punish them in accordance with the law. Just as we would if the exploitation happened “in real life.” This is real life. Abusers are just harder to catch and users on platforms like Telegram know this.
As the creator, Durov does bear responsibility for ensuring that people do not abuse a platform he created, but no more than the alleged criminals themselves do for perpetuating child sex exploitation activity on it. They too should be sought and apprehended. Whether Durov’s arrest is a dangerous precedent for free speech or a lesson learned for criminal activity --- or perhaps both --- remains to be seen.
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