French Judges to Decide Next Step in Probe of Telegram Boss Durov

Telegram app logo is seen in this illustration taken, August 27, 2024. REUTERS/Dado Ruvic/Illustration Purchase Licensing Rights
Telegram app logo is seen in this illustration taken, August 27, 2024. REUTERS/Dado Ruvic/Illustration Purchase Licensing Rights
TT

French Judges to Decide Next Step in Probe of Telegram Boss Durov

Telegram app logo is seen in this illustration taken, August 27, 2024. REUTERS/Dado Ruvic/Illustration Purchase Licensing Rights
Telegram app logo is seen in this illustration taken, August 27, 2024. REUTERS/Dado Ruvic/Illustration Purchase Licensing Rights

French investigative judges are due to decide on Wednesday whether to place Russian-born Telegram boss Pavel Durov under formal investigation following his arrest as part of a probe into organised crime on the messaging app.

Durov's detention as he landed at an airport near Paris on a private jet on Saturday evening has put the spotlight on the criminal liability of app providers and fuelled debate on where freedom of speech ends and enforcement of the law begins, according to Reuters.

The judges' decision is expected by 8.00 p.m.(1800 GMT), 96 hours - or four days - after Durov was taken into custody, the maximum period he can be detained before they decide whether or not to put him under formal investigation.

Durov's arrest has also put in focus the uneasy relationship between Telegram, which has close to 1 billion users, and governments.

President Emmanuel Macron, who with his team uses Telegram to communicate, had lunch with Durov in 2018 as part of a series of meetings the French leader had with tech entrepreneurs, a source close to Macron said.

Being placed under formal investigation in France does not imply guilt or necessarily lead to trial, but indicates that judges consider there is enough to the case to proceed with the probe. Investigations can last years before being sent to trial or shelved.

If Durov, who has been in police custody since his arrest, is placed under formal investigation, judges will also decide whether to put him in pretrial detention. One of the factors they will consider is whether he could try to flee.

A source at the Paris prosecutor's office said an update on the probe was likely to be issued late on Wednesday.

-INVESTIGATION

The overall investigation is at this stage directed against unspecified people.

It focuses on suspected complicity in crimes including running an online platform that allows illicit transactions; possessing images of child sex abuse; drug trafficking; fraud; refusing to pass information to authorities; and providing cryptographic services to criminals, prosecutors said.

The prosecutor's office did not say which crime or crimes Durov himself might be suspected of.

Durov's French lawyer did not reply to repeated Reuters requests for comment through emails and phone calls.

Faced with accusations from Russia, and also Elon Musk, over the stifling of freedom of speech with Durov's arrest, Macron took the unusual step on Monday of issuing a message on X about what he said were "false information."

France, he said, was committed to free speech and the independence of the judiciary, which he said had decided alone to arrest Durov.

A source close to the matter reiterated on Wednesday that Macron and his government had nothing to do with the arrest.



TikTok Must Face Lawsuit over 10-year-old Girl's Death, US Court Rules

A view shows the office of TikTok after the US House of Representatives overwhelmingly passed a bill that would give TikTok's Chinese owner ByteDance about six months to divest the US assets of the short-video app or face a ban, in Culver City, California, March 13, 2024. REUTERS/Mike Blake
A view shows the office of TikTok after the US House of Representatives overwhelmingly passed a bill that would give TikTok's Chinese owner ByteDance about six months to divest the US assets of the short-video app or face a ban, in Culver City, California, March 13, 2024. REUTERS/Mike Blake
TT

TikTok Must Face Lawsuit over 10-year-old Girl's Death, US Court Rules

A view shows the office of TikTok after the US House of Representatives overwhelmingly passed a bill that would give TikTok's Chinese owner ByteDance about six months to divest the US assets of the short-video app or face a ban, in Culver City, California, March 13, 2024. REUTERS/Mike Blake
A view shows the office of TikTok after the US House of Representatives overwhelmingly passed a bill that would give TikTok's Chinese owner ByteDance about six months to divest the US assets of the short-video app or face a ban, in Culver City, California, March 13, 2024. REUTERS/Mike Blake

A US appeals court has revived a lawsuit against TikTok by the mother of a 10-year-old girl who died after taking part in a viral "blackout challenge" in which users of the social media platform were dared to choke themselves until they passed out, Reuters reported.

While a federal law typically shields internet companies from lawsuits over content posted by users, the Philadelphia-based 3rd US Circuit Court of Appeals on Tuesday ruled the law does not bar Nylah Anderson's mother from pursuing claims that TikTok's algorithm recommended the challenge to her daughter.

US Circuit Judge Patty Shwartz, writing for the three-judge panel, said that Section 230 of the Communications Decency Act of 1996 only immunizes information provided by third parties and not recommendations TikTok itself made via an algorithm underlying its platform.

She acknowledged the holding was a departure from past court rulings by her court and others holding that Section 230 immunizes an online platform from liability for failing to prevent users from transmitting harmful messages to others.

But she said that reasoning no longer held after a US Supreme Court ruling in July on whether state laws designed to restrict the power of social media platforms to curb content they deem objectionable violate their free speech rights.

In those cases, the Supreme Court held a platform's algorithm reflects "editorial judgments" about "compiling the third-party speech it wants in the way it wants." Shwartz said under that logic, content curation using algorithms is speech by the company itself, which is not protected by Section 230.

"TikTok makes choices about the content recommended and promoted to specific users, and by doing so, is engaged in its own first-party speech," she wrote.

TikTok did not respond to requests for comment.

Tuesday's ruling reversed a lower-court judge's decision dismissing on Section 230 grounds the case filed by Tawainna Anderson against TikTok and its Chinese parent company ByteDance.

She sued after her daughter Nylah died in 2021 after attempting the blackout challenge using a purse strap hung in her mother's closet.

"Big Tech just lost its 'get-out-of-jail-free card,'" Jeffrey Goodman, the mother's lawyer, said in a statement.

U.S. Circuit Judge Paul Matey, in a opinion partially concurring with Tuesday's ruling, said TikTok in its "pursuit of profits above all other values" may choose to serve children content emphasizing "the basest tastes" and "lowest virtues."

"But it cannot claim immunity that Congress did not provide," he wrote.