Freedom of expression and privacy protection have always been, and continue to be, among the most essential principles of democracy enshrined in the constitutions and laws of Western systems.
For example, the First Amendment of the United States Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Similarly, the Fourth Amendment of the United States Constitution provides: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Article 11 of the European Union Charter of Fundamental Rights states: “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The freedom and pluralism of the media shall be respected.”
Additionally, Article 8 of the European Union Charter of Fundamental Rights affirms: “Everyone has the right to the protection of personal data concerning him or her. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified. Compliance with these rules shall be subject to control by an independent authority.”
After two world wars that claimed the lives of over 100 million people, the principles of freedom of expression and privacy protection became, for decades, a stronghold in Western societies against any authoritarian or fascist tendencies.
However, the social media platform Telegram seems to be compromising what has long set it apart, crossing its own red lines. After years of challenging privacy protection and resisting regulatory authorities in some countries, its founder, Pavel Durov, who had championed privacy advocates, faced significant pressures and investigations by the FBI. He even ended up behind French bars, leaving the data of his platform’s users in the hands of U.S. authorities.
Telegram, once renowned for protecting user privacy, has now become a global focal point following significant policy changes in 2024. These changes came after the arrest of its founder in August 2024 on charges of enabling illegal activities through his platform.
In an article by Alex Lekander on Cyber Insider, it was reported that Telegram complied with official law enforcement authorities, submitting 900 requests to U.S. authorities in 2024, affecting over 2,250 users.
Previously, Telegram gained its reputation as a secure platform for journalists and activists due to its reliance on encryption in secret chats. However, it faced sharp criticism for leaving ordinary chats exposed to access by third parties.
In a statement published on Tech Portal, a Telegram spokesperson said, “While we prioritize user privacy, we must balance this with compliance with legal obligations.”
The confrontation with official authorities began in 2011 when Russian security forces attempted to storm the home of Durov, founder of the Russian social media platform VKontakte, to force him to close the accounts of some opposition figures and protesters against the Duma election results. Instead, he chose to leave the forces outside for a full hour without responding until they left.
During this standoff, an idea struck Durov that would later change his life. At that moment, he wanted to communicate with his elder brother and partner, Nikolai, a mathematical and encryption genius who had won the Math Olympiad three years in a row, to seek his help. However, he realized there was no secure way to message his brother without being tracked. This realization sparked the idea of Telegram, the very app that would threaten his freedom ten years later.
Finally, in August 2013, Telegram was launched, giving Durov a secure communication tool. When protests erupted in Ukraine in 2014 against then-President Viktor Yanukovych, who was aligned with Russia, Russian authorities again requested Durov to hand over the protesters’ data, which he ignored.
A few months later, Russian police investigated a car accident allegedly involving a vehicle owned by Durov’s deputy at VKontakte. They claimed Durov was driving the car when it ran a red light and ran over a traffic officer’s foot before fleeing the scene.
A week after the alleged incident, Russian police raided VKontakte’s headquarters to search and investigate the case. However, Durov had already left the premises and Russia entirely.
That same day, Durov announced via his VKontakte account his refusal to hand over Ukrainian protesters’ data to Russian authorities. The next day, the Putin-aligned UCP company announced it had acquired 48% of VKontakte’s shares, prompting Durov to sell his shares and confirming his departure from Russia with no intention of returning.
While considering potential locations to establish Telegram’s headquarters, San Francisco in the United States was among the options. However, he abandoned the idea after facing scrutiny and repeated visits from the FBI, which aimed to extract information and apply pressure on him.
Telegram’s functionality alarmed many countries and security officials worldwide. The activation of its encrypted messaging feature meant messages could not be hacked, intercepted, or even traced to the sender or recipient—not even by Telegram employees. This made it a secure tool for many lawbreakers.
This capability brought Durov face-to-face with the FBI in 2016 after he refused to leak data about certain users.
Attempts by countries to ban Telegram did not stop there. In 2018, Russia decided to block Telegram after Durov once again refused to hand over user data. However, the decision had little practical impact on its usage due to the app’s technical complexities, leading to the eventual lifting of the ineffective ban.
Following the Capitol riots in the United States in 2021, after Trump lost the presidential election, Durov received a letter from Democratic members of Congress demanding information about the protesters. However, he ignored the request and did not disclose any information.
In August 2024, upon his arrival at Le Bourget Airport in France, where he had obtained citizenship three years earlier, French authorities arrested him, charging him with 12 counts related to complicity in managing an online platform that facilitated illegal activities.
French authorities later released him on bail of 5 million euros, with a court order preventing him from leaving French territory until a final decision on his case, which could take years, is reached.
In October of the same year, after being released by French authorities, Durov wrote on his Telegram account, “Since 2018, Telegram has been capable of revealing IP addresses and phone numbers of criminals to authorities, in accordance with our privacy policy. In most countries, whenever we receive a properly prepared legal request through the appropriate channels, we verify it and disclose the IP addresses and phone numbers of dangerous criminals.”
He added in the same post, “For example, in Brazil, we disclosed data for 75 legal requests in the first quarter (January-March) of 2024, 63 requests in the second quarter, and 65 requests in the third quarter. In India, our largest market, we responded to 2,461 legal requests in the first quarter, 2,151 in the second quarter, and 2,380 in the third quarter.”
The interests of one individual may conflict with those of another, or even with society as a whole. Throughout history, philosophers have attempted to theorize from their ivory towers for various solutions, resulting in multiple ideologies promoted by leaders and rulers claiming to hold the truth..
Yet, the final word has always been held by the strongest.
Uthman ibn Affan (may Allah be pleased with him) said: “Allah enforces through authority what He does not enforce through the Qur’an,” as mentioned by Ibn Kathir in his historical encyclopedia Al-Bidaya wa Al-Nihaya.
