Justice Minister Anderson Torres expressed himself on his Twitter profile about the decision of Minister Alexandre de Moraes, of the Federal Supreme Court (STF), released this Friday (18), which determined the blocking of the Telegram messaging app. across Brazil.
“Millions of Brazilians being suddenly harmed by a monocratic decision,” said Torres, who continued. “I have already determined to several sectors of ‘@JusticaGovBR’ to immediately study a solution to restore the people’s right to use the social network they wish,” said the minister in the publication.
Millions of Brazilians being suddenly harmed by a monocratic decision.
I have already determined to several sectors of the @JusticaGovBR that they immediately study a solution to restore the people’s right to use the social network they wish.
— Anderson Torres (@andersongtorres) March 18, 2022
The decision was signed on Thursday (17). After a request from the Federal Police (PF), Moraes determined that digital platforms and internet providers take actions to make the application unfeasible.
In the decision, there is a requirement for companies “internet service providers, in the figure of their Presidents, for example ALGAR TELECOM, OI, SKY, LIVE TIM, VIVO, NET VIRTUA, GVT, etc. the use of the TELEGRAM application”.
In case of non-compliance with the decision, the minister establishes a daily fine of R$ 100 thousand.
The complete and integral suspension of the operation of TELEGRAM in Brazil will remain until the effective compliance with the judicial decisions previously issued, including the payment of the daily fines set and the indication, in court, of the official representation in Brazil (individual or legal entity)” , the minister decided.
He also cites court decisions that Telegram would not have complied with, such as the taking down of profiles of blogger Allan do Santos and the website Terça Livre, as well as pages supporting President Jair Bolsonaro (PL).
In the decision, it is written that the Federal Police states that “the TELEGRAM application is notoriously known for its stance of not cooperating with judicial and police authorities in several countries, including putting this non-collaborative attitude as an advantage over other communication applications, which makes it a free field for the proliferation of various contents, including repercussions in the criminal area”.
The PF also did not receive a response from the company when it sent court decisions for the provision of data and suspension of monetization of accounts linked to Allan dos Santos.
According to Moraes, Telegram even carried out a “one-off block” of these profiles, but did not fully comply with the decision of the STF.
Opening of inquiry
Moraes also ordered the opening of an investigation to investigate the leak of his decision to block Telegram across the country. In a decision published this Friday (18), Moraes emphasizes that he gave the determination in the face of the leak and publication of excerpts in communication vehicles.
“In the face of numerous journalistic publications of incomplete excerpts from the decision rendered on 3/17/2022, I make the decision public. Considering the leak of the decision, which was under judicial secrecy, which constitutes a crime, I determine the initiation of an investigation, with the confidential assessment, distributed by prevention to Pet 9.935 / DF “, said the minister.
The founder and CEO of Telegram, Russian Pavel Durov, spoke this Friday (18) about blocking the platform in Brazil. Durov used his Telegram channel to apologize to the Federal Supreme Court (STF) for “negligence” in communication failures.
“We seem to have an issue with emails between our corporate telegram.org addresses and the Supreme Court. As a result of this miscommunication, the Court decided to ban Telegram for not responding. On behalf of our team, I apologize to the Supreme Court for our negligence. We could definitely have done a better job.”
Position of providers and platforms on the decision
Vivo, Tim and Claro informed the report that the entity responsible for operators in the sector, Conexis, will make a statement. THE CNNthe company said it still does not have a positioning.
Anatel, in turn, highlighted that it “provided the immediate referral of the judicial decision to the entities operating in the regulated sector that are relevant to the judicial determination”.
THE CNN also reached out to Apple and Google, who said they would not comment on the case at this time.
Source: CNN Brasil