It is possible that all of the charges derive from “the failure to communicate.” French authorities may be claiming that Durov is complicit with criminals because Telegram refused to facilitate the “legally authorized interceptions.” Similarly, the charges connected to the failure to file the encryption declaration likely also derive from the “legally authorized interceptions” being encrypted. France very likely knew for many years that Telegram had not filed the required declarations regarding their encryption, yet they were not previously charged for that omission.

Source: Electronic Frontier Foundation