Alexandre de Moraes responds at the request of the Federal Police; order was forwarded to providers and digital platforms to block users’ access
The relationship between Brazilian authorities and the messaging application Telegram has gained a new chapter. Minister Alexandre de Moraes, of the Federal Supreme Court (STF), determined the blocking of the platform.
The order is at the request of the Federal Police and will be maintained until the app complies with previous court decisions, such as blocking profiles and deleting content deemed false, such as blogger Allan dos Santos. The magistrate also increased the fine from BRL 100,000 to BRL 500,000 per day, from the date the company was subpoenaed.
Now, digital platforms and internet providers need to adopt solutions to comply with the measure. According to G1, companies are being notified by Anatel (National Telecommunications Agency). If they do not comply, the stipulated fine is R$ 100 thousand per day.
In the text, the minister used the Marco Civil da Internet to justify the decision. “The Brazilian legal system therefore provides for the need for companies that manage internet services in Brazil to comply with court decisions that determine the provision of personal data or other information that may contribute to the identification of the user or the terminal, a circumstance that has not been answered by the company Telegram”.
In another passage, he highlighted that “the disrespect for Brazilian legislation and the repeated failure to comply with numerous judicial decisions by Telegram, is a circumstance completely incompatible with the current constitutional order, in addition to expressly contradicting a legal provision”.
Under the guise of defending freedom of expression, Telegram has become a major challenge for authorities around the world and a haven for disinformation campaigns. Here in Brazil, in addition to the SFT, the TSE has unsuccessfully sought to open channels of dialogue with the app’s creators with the aim of structuring an action plan for the 2022 elections.
Among all platforms, such as Facebook, Instagram and WhatsApp, only Telegram has not yet signed the memorandum of understanding – nor has it responded to requests from national authorities.
Until the closing of this article, the platform was still in full operation.
