Arrest of Telegram's Pavel Durov marks latest censorship sweeping across Europe

The arrest has ignited a firestorm of opposition on social media and elsewhere – with activists, politicians, scholars and others decrying what they perceive as an escalating threat to freedom of speech.

Published: September 7, 2024 11:01pm

The recent arrest of Telegraph CEO Pavel Durov in France over allegations his social media site has become a breeding ground for such illicit activities as drug trafficking, terrorist communications and child exploitation has ignited a firestorm of opposition on social media and elsewhere – with activists, politicians, scholars and others decrying what they perceive as an escalating threat to freedom of speech. 

Their alarm appears justified considering the assault on free expression appears to be sweeping across the continent, from Dublin to Düsseldorf.

Durov was detained last weekend at Paris’s Bourget Airport on a warrant related to Telegram’s lack of moderation.

The crackdown appears to starkly contrasts the more lenient treatment of platforms like Meta, where Western authorities find it easier to exert pressure on a U.S.-based company than on Telegram, which is registered in the United Arab Emirates. 

Within 72 hours of being detained, the Russian-born Durov was formally charged with facilitating a range of criminal activities through his platform. 

One of the most severe – being complicit in managing an online space that enables illegal transactions by organized groups – carries a potential 10-year prison sentence. 

On Thursday, the 39-year-old Durov, in his first post on Telegram since his arrest, acknowledged that the app’s “abrupt increase” in users has caused growing pains that made it easier for criminals to abuse the platform, according to CNN.

“That’s why I made it my personal goal to ensure we significantly improve things in this regard," he said. "We’ve already started that process internally, and I will share more details on our progress with you very soon.

He also said the app’s purpose is to protect users in authoritarian regimes, CNN also reports.

The threat to free speech in Europe is becoming increasingly alarming, with leaders and governments imposing policies that appear eerily reminiscent of authoritarian regimes. 

Consider French President Emmanuel Macron's, who claims that Durov's detention was not politically motivated but part of an impartial investigation. 

Given Macron's history of apparent insincerity and disdain for free speech, there appears reason to doubt his words. 

Last year, Macron faced significant backlash after suggesting that access to social media networks could be severed during times of unrest to curb the spread of violence. This proposal, perhaps more suited to China than a Western democracy, appears to highlight his willingness to suppress free speech under the guise of maintaining order.

Meanwhile, in neighboring Germany, a similar hostility toward free expression appears evident. 

As Just the News recently reported, American author C.J. Hopkins is under investigation for criticizing Germany's severe COVID-19 policies on X. 

This is not an isolated case. In May, a German appellate court upheld the conviction of Marie-Thérèse Kaiser, a 27-year-old activist and member of the Alternative for Germany (AfD) party, for "incitement to hatred" related to social media posts she made in 2021. 

Kaiser was fined €6,000 and given a criminal record for posts that, according to her, were based on official statistics suggesting a higher propensity for sexual violence among Afghan immigrants. 

Her assertion drew international attention, with X owner Elon Musk questioning whether she was penalized simply for telling the truth. His tweet, which garnered over 60 million views and hundreds of thousands of likes and retweets, suggests that many more people share his views.

The situation is no better in Ireland, where the government is developing a "hate speech" bill that poses a significant threat to civil liberties. 

If passed, the bill would give prosecutors broad powers, making it easier to convict individuals accused of "offenses" under its vague and expansive provisions. 

Unlike existing laws, which allow defendants to argue that they did not intend to incite hatred, the new legislation would hold individuals accountable regardless of their intent. The bill covers a range of "protected characteristics," including race, gender, religion and sexual orientation, potentially stifling legitimate debate on critical issues.

Across the pond from Ireland, Scotland has taken an even more draconian approach with its newly enacted Hate Crime and Public Order (Scotland) Act of 2021. 

The law surpasses the controversial proposals currently under consideration in Ireland by introducing a new offense termed “inciting hatred.” The offense applies to various categories, including age, disability, religion, sexual orientation, transgender identity, and intersex status. 

What makes the law particularly troubling is the severe penalty it imposes – up to seven years' imprisonment – and the vague language used in its formulation. The prosecution needs only to demonstrate that inciting hatred was “likely,” without the burden of proving that it was “intended.”

This vague standard creates significant concerns, especially when the intent to offend is absent. The law's loose definition of what constitutes “insulting” behavior further exacerbates the risk of unjust convictions. With such broad and ambiguous criteria, the potential for abuse and the stifling of free speech is immense.

The shift in legal standards seems to be heavily influenced by leaders in Brussels. 

Earlier this year, the European Parliament endorsed a report urging the Council of Europe to classify hate speech and hate crimes as "Euro crimes." 

Should the classification be adopted, derogatory speech in any EU member state could be deemed a criminal act, mandating that all member states integrate these new offenses into their legal systems. The development also suggests a significant and coordinated threat to free speech across the continent. 

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