France’s New LOPMI Law could Put Telegram’s Founder Behind Bars

LOPMI law, enacted in January 2023, has placed France at the forefront of a group of nations taking a sterner stance on crime-ridden websites. France is using this new law to prosecute Telegram’s Pavel Durov for allowing illegal activities on the platform. 

However, Durov has denied that Telegram is an ‘anarchic paradise’ and claims compliance with EU laws. 

Pavel Durov Could Be Imprisoned Through The LOPMI Law

LOPMI is unique because it’s the first cybercrime law of its kind globally. Also, it can penalise tech titans whose platforms become playgrounds for illegal activities. 

French judges, convinced they have enough evidence and the right tool to prosecute Pavel, have proceeded to place him under formal investigation.

They’re charging him with “complicity in the administration of an online platform to allow an illicit transaction in an organised gang.”

However, with the new law untested in courts, the prosecution could backfire if its judges balk at penalising tech bosses for alleged criminality on their platforms. 

Note, being under formal investigation does not imply guilt or necessarily lead to trial, but indicates judges think there’s enough evidence to proceed with the probe. Investigations can last years before being sent to trial or dropped.

Durov, out on bail, denies Telegram was an “anarchic paradise.” Telegram has said it “abides by EU laws,” and that it’s “absurd to claim that a platform or its owner are responsible for abuse of that platform.”

According to Reuters, Paris Prosecutor Laure Beccuau hailed the 2023 law as a powerful tool for battling organised crime groups who are increasingly operating online.

Also Read: Pavel Durov, Telegram Founder, Arrested in France

New Law Could Backfire On French Lawyers

The law appears to be unique. Eight lawyers and academics told Reuters they were unaware of any other country with a similar statute.

However, Timothy Howard, a former U.S. federal prosecutor who put Ulbricht behind bars, was “sceptical” Pavel Durov could be convicted in the United States without proof. He went on to say, “Coming from my experience of the U.S. legal system, the French law appears “an aggressive theory.”

Michel Séjean, a French professor of cyber law, said the toughened legislation in France came after authorities grew exasperated with companies like Telegram.

“The new law is not a nuclear weapon,” he said. “It’s a weapon to prevent you from being impotent when faced with platforms that don’t cooperate.”

As France pushes for a conviction, the tech world keeps observing and not acting. There’s a good chance that this move will backfire, and judges will be hesitant to penalise CEOs such as Pavel Durov for the actions of their users. On the off chance that LOPMI works, the wild west days of the internet might finally come to an end.

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