@tsarstepan,
tsarstepan wrote:Not directly 1st Amendment related but in France:
Free speech absolutist, Pavel Durov?
The French Constitution protects freedom of expression, but not to the same extent as the First Amendment does under U.S. law. France is also bound by the European Convention on Human Rights, article 10 of which also protects freedom of speech while acknowledging the State’s right to limit this freedom in certain circumstances.
Pavel Durov's arrest is based on a search warrant issued by the French Office for Combating Violence Against Minors (Ofmin). The French authorities accuse Telegram, and therefore indirectly its leader, of enabling the distribution of illegal content. Among the charges brought against the platform are serious offences such as fraud, drug trafficking, cyber-harassment and apology for terrorism. The messaging service is also accused of facilitating the distribution of child pornography.
But for the French judiciary, the heart of the problem lies rather in Telegram's lack of cooperation with investigators and the absence of moderation on the platform. Despite repeated requests from the authorities, Telegram never took the necessary measures to prevent criminal use of its service. The lack of moderation, combined with the network's very strict confidentiality policy, which refuses to disclose information about its users' identities, led to this legal escalation. ‘Telegram complies with the laws of the European Union’, the company nevertheless proclaimed on its own channel, describing as “absurd” the idea that its founder could be held responsible for abuses committed by certain users.
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