Telegram CEO Arrest Unrelated to DSA Says European Commission

The European Commission clarified that the arrest of Telegram CEO Pavel Durov is unrelated to the Digital Services Act (DSA). A spokesperson emphasized that criminal prosecution is not a sanction under the DSA, which does not define illegal activities or establish criminal offenses. The arrest, carried out by French authorities, is based on national laws addressing criminal activity facilitated by the platform.

Durov was apprehended in France after arriving at Le Bourget airport, accused of allowing criminal activities such as drug dealing and paedophile networking on Telegram. The platform’s end-to-end encryption has made it challenging for law enforcement to monitor illicit activities. Countries like Lithuania, Germany, and the Netherlands have reported an increase in online drug trafficking via Telegram.

Telegram, with over 900 million global users and 41 million in the EU, is close to being classified as a Very Large Online Platform (VLOP) under the DSA. This classification would impose stricter transparency requirements. Telegram maintains that it complies with EU laws, including the DSA, and that its moderation practices meet industry standards. The platform’s legal representation in the EU is based in Belgium, where the national telecom regulator BIPT oversees its compliance.

The BIPT, however, is not involved in the criminal investigation against Telegram. The formal designation of BIPT as Belgium’s regulator is pending parliamentary approval. The European Commission has initiated an infringement procedure against Belgium for this delay. Besides the DSA, other regulations, such as the mandate to remove terrorist content within one hour, also apply to platforms operating in the EU.