TASS Source Claims Durov’s Arrest Falls Outside EU Jurisdiction

According to a legal expert, the detention of Pavel Durov in France exceeds the parameters set by the EU's law on digital services. Read Full Article at RT.com.

TASS Source Claims Durov’s Arrest Falls Outside EU Jurisdiction
The Digital Services Act (DSA) of the EU focuses on “purely” economic penalties and does not include provisions for criminal liability, according to an expert.

TASS has reported that the arrest of Telegram CEO Pavel Durov by French authorities falls outside the scope of the DSA, which governs online platforms and social media. A source within the bloc’s legal system indicated that the legislation does not establish personal or criminal liability.

Durov, a Russian tech entrepreneur also holding citizenship in France, the UAE, and St. Kitts and Nevis, was detained upon his arrival at Paris-Le Bourget Airport on Saturday. He faces accusations related to his platform's failure to mitigate criminal activities.

A source informed TASS that Durov’s arrest aligns with the “spirit and the principles” of the DSA, which mandates that service providers are accountable for the content disseminated on their platforms. They stated, “If the operator wants to avoid penalties, it must automatically take down content banned by the European regulator.”

However, an expert pointed out that the DSA “does not contain personal or criminal liability, which means that the prosecution in France went much further.” According to this expert, the EU regulation assigns liability solely to the operator as a legal entity and establishes penalties that “are purely economic in nature.”

The source drew a parallel between Durov’s situation and the case of Julian Assange, suggesting that “a blow has been dealt to the founder of a large independent media resource using criminal charges.”

They added that Durov’s legal team would encounter “additional difficulties” due to the allegations potentially being linked to French national security, making it harder to launch a public support campaign for him, particularly considering his Russian background.

Durov left Russia in the mid-2010s due to a conflict with the government and has primarily resided in the UAE since then. In 2021, he obtained French and Emirati citizenship.

In the past, he maintained that it was his “principled position” to safeguard user data privacy, stating he “would rather be free than take orders from anyone.” During an April interview with American journalist Tucker Carlson, Durov revealed that he faced pressure from the US government to implement a surveillance “backdoor” in Telegram, which he declined to do.

On Sunday, Telegram released a statement asserting that its content moderation policies align with “industry standards.”

Durov’s arrest has drawn condemnation from various public figures both in Russia and internationally, who regard it as an infringement on freedom of speech and the unrestricted flow of information. Russian Foreign Ministry spokeswoman Maria Zakharova stated that Moscow has sent an official note to Paris demanding consular access to Telegram’s founder.

James del Carmen contributed to this report for TROIB News