By detaining Pavel Durov, says Will Duffield in this guest post, France threatens both free speech and Telegram’s unique neutrality.

France Detains Telegram Founder Pavel Durov

Guest post by Will Duffield

On August 24, French police arrested Telegram founder Pavel Durov moments after his plane touched down at Le Bourget airport outside Paris. He remains detained on “an arrest warrant alleging his platform has been used for money laundering, drug trafficking and other offenses,” according to French television network TF1. Although Durov has not been officially charged, his unprecedented arrest threatens Telegram’s unique neutrality.

Telegram is an instant messaging platform particularly popular in post-Soviet states. It allows its 900 million users to communicate via one-to-one, optionally encrypted, chat, and in large public channels. Durov created Telegram in 2013 as his previous social media platform, a Russian Facebook analog called VKontakte, was being expropriated by Putin-friendly oligarchs. Then, recounting resistance to FSB demands for Euromaidan channel data, police intimidation, and a Douglas Adams-inspired “so long and thanks for all the fish” resignation from VK, he was celebrated in the West as a dissident.

A 2014 New York Times profile titled “Once Celebrated in Russia, the Programmer Pavel Durov Chooses Exile” quoted Durov saying, “me myself, I’m not a big fan of the idea of countries,” and characterized him as “Neo from the ‘Matrix’ movies … moving from country to country … One day he is in Paris, another in Singapore.”

Russia’s 2022 invasion of Ukraine and the attendant return of great power geopolitics has made stateless nomadship much more difficult. Everyone and everything—even social media platforms—have been expected to pick sides. Nevertheless, Telegram has remained uniquely neutral, and, until now, unmolested.

Since 2022, social media, and to an extent the entire internet, has been steadily separating into Russian and Western spheres. Both shifting user attitudes and state sanctions have played a role. The EU sanctioned the owners of VKontakte, prohibiting payments to the platform. At the same time, Russia banned Meta for “extremist activities” after Facebook and Instagram relaxed their hate speech rules to allow Ukrainian invective against Russian invaders. While WhatsApp has remained popular in both Russia and the West, its maximum group size, 1,024, is far smaller than Telegram’s 200,000 user limit, making Telegram the preferred platform for public conversation. Although there are a few prominent Russian state accounts on Twitter, and some Russians still lob insults at American volunteers on Instagram, division is the rule. Telegram is the exception.

Everyone on both sides of the war uses Telegram. They were already using it when Russia’s full invasion began and quickly pressed their favorite social media app into wartime service. Heads of state, government agencies, military units, and civilians all began to coordinate, troll, boast, and propagandize on Telegram. Ukraine’s security services set up chatbots to allow the reporting of Russian troop movements. Overnight, Telegram became simultaneously a digital Switzerland and a battlefield.

The unique circumstances of its birth had, until August 24, allowed the platform to remain awkwardly neutral throughout the two-and-a-half-year conflict. Although Russia tried to ban the platform in 2018, it didn’t stick, and by 2022 the Russian state itself had become too reliant on the platform—both for external and internal communication—to abandon it.

It didn’t have the same sort of moderation controversies as Meta when used by combatants because it did less to restrict violent speech to begin with and didn’t offer concessions to one side over the other. Indeed, Durov merely tried to assure Ukrainians that their data would be secure against wartime hacking. This isn’t to say Telegram isn’t unmoderated. But its combination of channel-based communication and largely reactive moderation—relying on user reports—creates a more laissez-faire moderation paradigm than more centralized, web-first platforms.

Because Durov had already left Russia and taken Telegram with him, it didn’t fall under the sanctions that affected the Russian-based internet and European services operating in Russia. Indeed, last year, I contrasted perceptions of the platform’s independence with perceptions of TikTok, writing “TikTok isn’t a small founder-run operation like Telegram, which while born in Russia, escaped its orbit and is now registered in the Cayman Islands and headquartered in Dubai.” However, Durov’s refusal to limit Russian use of Telegram and the platform’s commitment to light-touch moderation as other social media platforms have grown more restrictive, has gradually soured attitudes towards Telegram among many Western elites.

In the Second World War, Swiss neutrality was often disdained by the Allies, especially later in the war. Nevertheless, a neutral Switzerland had undeniable value, not only to journalists and spymasters but to many downed airmen as well. Likewise, even if a neutral Telegram offers Russia access on equal terms, it allows for the observation of Russian chatter and activity, the identification of captured soldiers, and the simple maintenance of pacific and familial ties between friends and family separated by the conflict. It is also the only place where ordinary Russians can get an uncensored view of their country’s awful military misadventure. These are all goods worth safeguarding.

Telegram’s neutrality might have become an annoyance, but this shift alone doesn’t explain Durov’s perplexing arrest. Telegram has long been more pugnacious in its relations with courts and regulators than most publicly traded platforms, but it is far from unique in offering encrypted messaging. In fact, end-to-end encrypted chat makes up a much smaller portion of its use than competing services. While Telegram’s “secret chats” are end-to-end encrypted, its massive public channels are not. If Telegram’s encryption is at issue, WhatsApp owner Mark Zuckerbeg and Signal founder Moxie Marlinspike and many other tech luminaries should avoid France.

More generally, it is hard to see how France has jurisdiction over Telegram. Telegram isn’t a French company. France might have personal jurisdiction over Durov as a French citizen, but operating a social media platform offering encryption isn’t a criminal act in France. To the extent that Durov’s arrest is related to Telegram’s platform policies rather than Durov’s private activity, France has just taken a hostage. France shouldn’t follow in the footsteps of Turkey and India.

Absent official clarity, speculation and likely misinformation abound. Some have claimed, without evidence, that Durov’s arrest is the roundabout work of the American State Department. Durov’s arrest is much more likely to have been prompted by French anxieties about Russian disinformation campaigns targeting Francophone Africa, where eight countries have experienced coups in the past four years. many of which brought them closer to Russia. Durov’s refusal to suppress such campaigns may have been the trigger for his arrest. It is also worth noting that while Telegram isn’t uniquely encrypted, it is simply the communications platform of choice—for everyone—in the parts of the world from which organised crime comes to Western Europe.

On August 26, Jean-Michel Bernigaud, Secretary General of Ofmin, a French child protection agency, muddied as much as he clarified in a Linkedin post saying, “At the heart of this issue is the lack of moderation and cooperation of the platform (which has nearly 1 billion users), particularly in the fight against pedophilia.” He, confusingly, attached a link to a documentary about pedophiles’ use of Instagram. French President Emmanuel Macron [already attached to Jacinda Ardern's anti-free speech attacks on social media] tweeted that he had “seen false information regarding France following the arrest of Pavel Durov,” and proclaimed France’s commitment to “freedom of expression,” “the spirit of entrepreneurship,” and “the rule of law,” but offered no greater clarity as to why his country had arrested Durov.

France owes Durov, Telegram users, and the internet as a whole, a rapid explanation. Its actions are already damaging its reputation as both a friend of liberty and a safe place to do business. More importantly, Durov’s opaque arrest threatens Telegram’s unique neutrality and potentially the safety of its users on both sides of the conflict. The appearance of capture can be just as damning as the real thing. If France is truly an ally committed to a free internet, it should free Pavel Durov.

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Will Duffield is an adjunct scholar in the Cato Institute’s Center for Representative Government, where he studies speech and internet governance. His research focuses on the web of government regulation and private rules that govern Americans’ speech online.

His post first appeared at the Cato At Liberty blog.