The Federal Court annulled, this Saturday (29), the decision that suspended the operation of Telegram in Brazil. The messaging platform was unavailable in the country since last Wednesday (26).
In the decision, the judge Flávio Lucas, from the Federal Regional Court of the 2nd Region, argues that the order of complete suspension of the service “is not reasonable, considering the wide allocation throughout the national territory of the freedom of communication of people who are absolutely strangers to the facts under investigation ”.
The magistrate, however, upheld the daily fine of R$ 1 million imposed by the first instance, for failing to comply with the determination to provide data “of all users” of the channel “Movimento Anti-Semit Brasileiro” and the chat “(swastika) Anti-Semitic Front (Swastika)”, mainly from your administrator(s).
Still in the decision, Flávio Lucas pointed out that the regulation of social networks in the country is still insufficient to prevent abuse and protect users and society.
He also drew attention to the fact that Telegram has had “historically clashes with the Judiciary, for not responding to requests for data supply”.
“Technology companies need to understand that cyberspace cannot be a free territory, a different world where a new social contract is in force, with its own rules created and managed by the agents that commercially exploit it. Institutions and companies, like private property, must serve a social purpose, they must serve evolution and not retrogression”, highlighted the magistrate.
Remember Telegram history until suspension
First request from the Federal Police
On April 14, 2023, the PF filed a lawsuit against Telegram for an investigation with the Civil Police to try to identify the financier of a 16-year-old boy who killed three teachers and a child in Aracruz (ES), in 2022.
The investigation showed that the boy participated in a group that had extremist content. Thus, the corporation investigated possible corruption of a minor to commit a criminal act, as it discovered that, through Telegram, he received “anti-Semitic, racist material and instructions for terrorist attacks”.
The suspect participated in a group called “Movimento Anti-Semite Brasileiro”, which had a Nazi swastika as its profile picture.
According to the police, it disclosed “murder tutorials, videos of violent deaths, tutorials on making explosive devices, promoting hatred of minorities and neo-Nazi ideals”, which may have induced the young man to commit the crime.
The authorities arrived at the group through a joint analysis with the Federal Police and the Civil Police of the cell phone seized from the boy. The PF asked the Court to determine that Telegram was obliged to provide the identification of users, administrators of that page.
The police points out, however, that a mechanism on the platform allows the channel administrator to remain hidden from other users, preventing them from being identified in the application itself, requiring a request to the company.
According to the request of the Federal Police
After refusing to comply with the court order, the Federal Police reinforces that the chat in question was still active and mentions that non-cooperation “makes the platform a means of more abominable criminal practices”.
Also according to the corporation, this is reproduced in other cases related to the application, for example with refusals to provide data on perpetrators of child sexual abuse, who “freely share content on the platform under the guarantee of anonymity and impunity”.
So, on April 25, the request for access to the data was ratified, stating that there was a breach of the Civil Rights Framework for the Internet and that the platform should be suspended.
Telegram Suspension
In the most recent decision, which temporarily suspended the application in Brazil, the judge in charge stated that Telegram’s argument that they would not be able to pass on the requested data due to the group having been excluded for more than six months is not supported.
The answer given was considered “precarious” by the Justice. In the case of one of the channels, Telegram reported that, despite the channel having already been deleted, there was a user, a phone number and an IP linked to its administrator.
Regarding the second channel, the platform said “based on the ID provided, it was possible to identify that the group has already been deleted. Thus, to retrieve private data from your administrator, your phone number is required.”
In the understanding of the Federal Police, “despite the timely response, the information provided does not comply with the court order. It should be noted that the determination was for Telegram to forward the registration data of ALL channel and chat group members”.
The court decision agrees: “The petitioning Federal Police Chief is right in arguing that Telegram’s poor compliance with the court order is not justified.”
A fine of R$ 1 million per day was also imposed until compliance.
A CNN contacted Telegram after the court order, but did not get a response.
(Posted by Lucas Schroeder)
Source: CNN Brasil
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