Telegram doesn’t have mandatory e2ee, which puts it in this kind of situation. Having data on crime committing and denying access to it from authorities is a crime itself in most countries.
Right, I think that's an important distinction to make, but it's not really one that's explored in the article.
The article doesn't say anything about E2EE specifically, but I think it would be understandable to "read between the lines" and assume that Telegram is in trouble for offering E2EE - but I think/hope that assumption would be incorrect.