Advertising and drug dealing on Telegram: what liability you face and how not to become an accomplice

Telegram has ceased to be just a messenger. Today it is a powerful communication platform used by businesses, media, bloggers, and ordinary users. At the same time, due to its relative anonymity, the platform is often used for unlawful activities, including the advertising and sale of prohibited substances.

In practice, those at risk may include not only the organisers of “drug shops” but also Telegram channel administrators, marketers, and business owners who place advertising or moderate communities. In this article, I explain what liability is provided for by Ukrainian law for actions related to narcotic drugs on Telegram and how to minimise the risks.

What liability may arise

Ukrainian law distinguishes between:

• direct dealing and organising the circulation of prohibited substances;
• inciting their use;
• advertising and disseminating information that may facilitate the circulation of such substances;
• involving minors in unlawful activity.

Depending on the circumstances, criminal, administrative, and other forms of liability may arise.

Criminal liability (Criminal Code of Ukraine)

This is the most severe type of liability and applies where the elements of a crime under the Criminal Code of Ukraine are present.

Article 307 of the Criminal Code of Ukraine provides for liability for the unlawful production, manufacture, acquisition, storage, transportation, shipment, or dealing of narcotic drugs, psychotropic substances, or their analogues.

How this may relate to Telegram:

• selling via Telegram bots, channels, or private messages;
• organising “stashes” while using the messenger for communication;
• aiding and abetting dealing, for example by publishing advertisements, if intent and a link to the dealing can be proven.

For such actions, especially when electronic communication channels are used or when there is prior conspiracy by a group of persons, the penalty is imprisonment for a term of 6 to 10 years, and where qualifying circumstances are present (organised group, large quantities, etc.), from 9 to 12 years’ imprisonment, often with confiscation of property.

Article 315 of the Criminal Code establishes liability for inciting the use of narcotic drugs, psychotropic substances, or their analogues.

How this may relate to Telegram:

• publishing content that calls on people to try a substance;
• disseminating materials that portray use as a “positive experience” or as normal;
• detailed instructions on how to use substances in public channels or chats, where such actions may be qualified as incitement.

Such actions may be punishable by restriction of liberty for up to 5 years or imprisonment for 2 to 5 years, depending on the circumstances.

Article 304 of the Criminal Code provides for liability for involving minors in unlawful activities, including those related to the circulation of prohibited substances.

How this may relate to Telegram:

• engaging teenagers to distribute information about narcotic drugs;
• using minors for actions related to “stashes”, QR codes, links to channels or bots;
• other forms of involving minors in activities that may be recognised as unlawful.

Where the elements of the offence are present, the penalty is imprisonment for a term of 5 to 10 years.

Administrative and other liability

Even if the actions do not contain all the elements of a criminal offence, they may still violate advertising and public health legislation.

Breaches of advertising law

In Ukraine, advertising of narcotic drugs, psychotropic substances, and precursors is prohibited (the Law of Ukraine “On Advertising” and special legislation on the circulation of such substances).

For publishing prohibited advertising, the following may be imposed:

• administrative and economic fines on advertisers and distributors of advertising;
• orders to cease the violation;
• other measures within administrative proceedings.

Access restrictions and seizure of property

Within criminal proceedings, an investigator or prosecutor may apply to the court for:

• seizure of property such as devices, server equipment, domains, and bank accounts used for unlawful activity or settlements;
• measures aimed at restricting access to resources used for dealing or advertising prohibited substances.

A Telegram channel as such is not “property” in the classical sense, but the assets and technical resources linked to it may be subject to procedural decisions.

Where risks commonly arise for channel administrators and businesses

In practice, law‑enforcement bodies may focus not only on obvious “drug shops” but also on ordinary channels and media if there are grounds to believe that they facilitate the circulation of prohibited substances.

Risk No. 1: unvetted advertising

An advertiser may purchase a promotional post with a link to an external resource, bot, or “giveaway”, which later redirects the user to the sale of prohibited substances.

If evidence of intent or gross negligence is found, the channel owner may become a suspect as an accomplice to dealing (including under Article 307 of the Criminal Code of Ukraine).

Risk No. 2: lack of comment moderation

In comments under posts, spam bots or users may share links to Telegram bots selling substances.

If the channel administration consistently ignores such messages, this may be used as evidence that the platform was provided for the dissemination of information related to dealing.

How to protect your business and Telegram channel: a legal checklist

To reduce risks, I recommend using the following practices.

1. Regular moderation

Use moderation bots to automatically remove:

• stop‑words related to narcotic drugs;
• suspicious links to external bots;
• QR codes and short links in comments and chats.

Put in place a rule for prompt response to user complaints.

2. Pre‑audit of advertising creatives

Before publishing any promotional post:

• check the final link and where it leads;
• assess the advertiser’s profile: account history, topic, and any suspicious activity;
• avoid advertising with vague descriptions of services, “earnings in Telegram”, or “crypto giveaways” without clear information about the project.

3. Community rules and disclaimers

In pinned messages or a separate post, clearly state:

• a ban on any information about narcotic drugs, psychotropic substances, and precursors;
• a ban on posting links to bots and resources that may be related to such substances;
• the consequences of breaching the rules (blocking, deletion, reporting to law‑enforcement authorities).

Disclaimer wording does not automatically release you from liability, but it helps document your position that such activities are unacceptable.

4. Responding to requests and complaints

When receiving official requests from law‑enforcement bodies:

• do not mass‑delete history without consulting a lawyer;
• record the requests received and your actions;
• seek legal assistance to ensure proper communication with regulators.

Respond quickly to user complaints: remove questionable content and document your response.

When you should contact a lawyer

If you have already received:

• a request from law‑enforcement bodies;
• a notice of potential involvement in criminal proceedings;
• a demand to provide access to the channel’s admin panel, logs, or correspondence,

do not try to “sort things out on your own”. Any actions and explanations you provide can be used against you later in the proceedings. In such a situation, the safest course is to immediately contact a lawyer specialising in criminal and IT cases.

Author: Nazar Al-Mzirawi, attorney at law, Law Firm “WINNER”.