Durov faces charges of complicity in administering an online platform to enable an illicit transaction by an organised gang, a charge that carries a maximum penalty of 10 years imprisonment and a fine of €500,000.
He has also been indicted on charges of refusal to communicate at the request of authorities; complicity in offences including making available without legitimate reason a programme or data designed to attack an automated data processing system; organised gang dissemination of images of minors of a kiddie porn nature; drug trafficking; organised gang fraud; criminal conspiracy to commit crimes or offences; laundering of crimes or offences by organised gangs; and provision of cryptology services aimed at ensuring confidentiality functions without compliant declaration.
Durov has been placed under judicial supervision and is required to provide a deposit of 5 million euros. He must report to the police station twice weekly and is banned from leaving France.
The charges follow Durov's release to the court on Wednesday after the extension of his detainment on Monday.
The preliminary investigation began in February 2024 under the direction of the Paris Public Prosecutor’s Office, with initial investigations coordinated by OFMIN.
A judicial investigation was opened by an introductory indictment of 8 July 2024. The investigating judges entrusted the continuation of the investigations to the C3N (cyber unit of the National Gendarmerie) and the ONAF (National Anti-Fraud Customs Office).
According to a press release, the Paris Public Prosecutor stated, “Telegram is an instant messaging application created in 2013, appearing in multiple cases relating to different offences (kiddie porn, trafficking, online hatred). T
he almost total lack of response from Telegram to legal requests was brought to the attention of the section for the fight against cybercrime (J3) of JUNALCO (National Jurisdiction for the Fight against Organised Crime, within the Paris prosecutor’s office), notably by the OFMIN (National Office for Minors).
Other French investigation services and public prosecutors as well as various partners within Eurojust, notably Belgian, shared the same observation. This is what led JUNALCO to investigate the possible criminal liability of the managers of this messaging service in the commission of these offences.”
On Monday, French President Emmanuel Macron stated that the arrest was not a political move but part of an independent investigation.
In France’s first public comment on the arrest, Macron posted on the social media platform X that his country “is deeply committed” to freedom of expression but “freedoms are upheld within a legal framework, both on social media and in real life, to protect citizens and respect their fundamental rights.”
Denouncing what he called false information, Macron said the arrest “is in no way a political decision. It is up to the judges to rule on the matter.”
Elon Musk, the billionaire owner of X, who had previously called himself a “free speech absolutist,” provided that people agreed with him, posted “#freePavel” to support Durov following the arrest.
However, he could be in the same boat, and has even been told by the British government to stop encouraging right wing thugs to stage a “civil war” in the country.
Western governments have often criticised Telegram for a lack of content moderation, which experts say opens up the messaging platform for potential use in money laundering, drug trafficking, and the sharing of material linked to the sexual exploitation of minors.
In a statement posted on its platform after his arrest, Telegram said it abides by EU laws, and its moderation is “within industry standards and constantly improving.”
“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 a means of communication and as a source of vital information. We’re awaiting a prompt resolution of this situation. Telegram is with you all.”
Russian Foreign Ministry Spokeswoman Maria Zakharova said that Russian diplomats are doing everything necessary regarding the case against Durov. She continued, calling on international organisations to condemn the actions of the French authorities towards Durov.
However, it might be a concern that Durov might hand over the encryption keys to his software to the French. The Russian army was dependent on Telegram for its battlefield communications during the War in Ukraine.
One blogger said that the case was like they arrested a Russian general and put him in the dock.