05:57Hosni Maati, a French lawyer specialising in criminal law and international affairs, questioned why Telegram boss Pavel Durov had chosen to come to France, given the platform's relationship with the country, while discussing the case in Paris on Friday.
"French law, in particular the law on… the digital economy, states that platforms, whether Instagram, WhatsApp, Facebook, or others, are not, a priori, considered to be responsible for the content published by their users," he explained.
"On the other hand, if it contravenes the law, not only do they have a legal obligation to supervise the publications and remove them if necessary, but also when the authorities are involved in a criminal investigation…they must be able to provide the IP addresses of these people in order to collaborate with the judicial authorities," he said. "So, of course, freedom is there, but it has its limits."
"What is being claimed today is the fact that it (Telegram) did not comply with the law on the digital economy… The question is, knowing that, why did he come to France?" he asked.
Durov was bailed on Wednesday for five million euros, although mystery now surrounds his exact location. The case involves allegations of his platform allowing 'illicit transactions by an organised gang', 'complicity in criminal distribution of sexual images of children' and a 'refusal to communicate with the authorities' - and he must attend a police station somewhere in France twice a week.
"The precise location depends on whether he has a second home in France, in the south, or in Brittany, or somewhere else," Maati said. "I imagine that given his current situation, he will remain at the disposal of the courts and will also be able to meet his lawyer (based in Paris) to ensure the confidentiality of their exchanges."
Earlier President Emmanuel Macron claimed the Telegram founder's detention in France was 'not political', while Moscow described Russian-born Durov as a 'political prisoner'.
"In France, we have one principle: the separation of powers and of course it's not up to the executive to look after the interests of the judiciary," Maati outlined. "There's one small caveat, and that is that the European Court of Human Rights has already explained that the Public Ministry in France is not completely independent.So we know that there can be an influence on the decisions of the public prosecutor's office. It's theoretically possible, but you need sufficient evidence to prove it."
He also said that the case could run into trouble given the global reach of the platform.
"Where we have a real problem is that with Telegram, not all of the Telegram servers are necessarily located in France…which can involve mutual assistance between the various international justice services," he said. "Some countries will refuse, others may accept". He added that it could mean the case took up to a year.
On Thursday, Durov's own lawyer David-Olivier Kaminski claimed it was "absurd to say that a platform or its boss are responsible for any abuse" carried out on that platform. He added that Telegram was conforming to all European laws.
'Why did he decide to come to France?' - Legal expert on Durov, suggests elusive TG boss close to courts, lawyers
Hosni Maati, a French lawyer specialising in criminal law and international affairs, questioned why Telegram boss Pavel Durov had chosen to come to France, given the platform's relationship with the country, while discussing the case in Paris on Friday.
"French law, in particular the law on… the digital economy, states that platforms, whether Instagram, WhatsApp, Facebook, or others, are not, a priori, considered to be responsible for the content published by their users," he explained.
"On the other hand, if it contravenes the law, not only do they have a legal obligation to supervise the publications and remove them if necessary, but also when the authorities are involved in a criminal investigation…they must be able to provide the IP addresses of these people in order to collaborate with the judicial authorities," he said. "So, of course, freedom is there, but it has its limits."
"What is being claimed today is the fact that it (Telegram) did not comply with the law on the digital economy… The question is, knowing that, why did he come to France?" he asked.
Durov was bailed on Wednesday for five million euros, although mystery now surrounds his exact location. The case involves allegations of his platform allowing 'illicit transactions by an organised gang', 'complicity in criminal distribution of sexual images of children' and a 'refusal to communicate with the authorities' - and he must attend a police station somewhere in France twice a week.
"The precise location depends on whether he has a second home in France, in the south, or in Brittany, or somewhere else," Maati said. "I imagine that given his current situation, he will remain at the disposal of the courts and will also be able to meet his lawyer (based in Paris) to ensure the confidentiality of their exchanges."
Earlier President Emmanuel Macron claimed the Telegram founder's detention in France was 'not political', while Moscow described Russian-born Durov as a 'political prisoner'.
"In France, we have one principle: the separation of powers and of course it's not up to the executive to look after the interests of the judiciary," Maati outlined. "There's one small caveat, and that is that the European Court of Human Rights has already explained that the Public Ministry in France is not completely independent.So we know that there can be an influence on the decisions of the public prosecutor's office. It's theoretically possible, but you need sufficient evidence to prove it."
He also said that the case could run into trouble given the global reach of the platform.
"Where we have a real problem is that with Telegram, not all of the Telegram servers are necessarily located in France…which can involve mutual assistance between the various international justice services," he said. "Some countries will refuse, others may accept". He added that it could mean the case took up to a year.
On Thursday, Durov's own lawyer David-Olivier Kaminski claimed it was "absurd to say that a platform or its boss are responsible for any abuse" carried out on that platform. He added that Telegram was conforming to all European laws.
Hosni Maati, a French lawyer specialising in criminal law and international affairs, questioned why Telegram boss Pavel Durov had chosen to come to France, given the platform's relationship with the country, while discussing the case in Paris on Friday.
"French law, in particular the law on… the digital economy, states that platforms, whether Instagram, WhatsApp, Facebook, or others, are not, a priori, considered to be responsible for the content published by their users," he explained.
"On the other hand, if it contravenes the law, not only do they have a legal obligation to supervise the publications and remove them if necessary, but also when the authorities are involved in a criminal investigation…they must be able to provide the IP addresses of these people in order to collaborate with the judicial authorities," he said. "So, of course, freedom is there, but it has its limits."
"What is being claimed today is the fact that it (Telegram) did not comply with the law on the digital economy… The question is, knowing that, why did he come to France?" he asked.
Durov was bailed on Wednesday for five million euros, although mystery now surrounds his exact location. The case involves allegations of his platform allowing 'illicit transactions by an organised gang', 'complicity in criminal distribution of sexual images of children' and a 'refusal to communicate with the authorities' - and he must attend a police station somewhere in France twice a week.
"The precise location depends on whether he has a second home in France, in the south, or in Brittany, or somewhere else," Maati said. "I imagine that given his current situation, he will remain at the disposal of the courts and will also be able to meet his lawyer (based in Paris) to ensure the confidentiality of their exchanges."
Earlier President Emmanuel Macron claimed the Telegram founder's detention in France was 'not political', while Moscow described Russian-born Durov as a 'political prisoner'.
"In France, we have one principle: the separation of powers and of course it's not up to the executive to look after the interests of the judiciary," Maati outlined. "There's one small caveat, and that is that the European Court of Human Rights has already explained that the Public Ministry in France is not completely independent.So we know that there can be an influence on the decisions of the public prosecutor's office. It's theoretically possible, but you need sufficient evidence to prove it."
He also said that the case could run into trouble given the global reach of the platform.
"Where we have a real problem is that with Telegram, not all of the Telegram servers are necessarily located in France…which can involve mutual assistance between the various international justice services," he said. "Some countries will refuse, others may accept". He added that it could mean the case took up to a year.
On Thursday, Durov's own lawyer David-Olivier Kaminski claimed it was "absurd to say that a platform or its boss are responsible for any abuse" carried out on that platform. He added that Telegram was conforming to all European laws.