Telegram rebuffs Dino and says that the government accused the company before formalizing the data request

The instant messaging application Telegram countered this Thursday (4) the Minister of Justice, Flavio Dino, about answers that the portfolio would have requested from the platform.

Telegram Brasil stated that it had not yet been notified by the National Consumer Secretariat (Senacom) – subordinate to the Ministry of Justice – at the time when Dino declared that the platform had not responded to requests for data, on April 20.

In a press conference that day, the Minister of Justice said that the platform was subject to the continuation of the administrative process. At the same press conference, the National Consumer Secretary, Wadih Damous, said that “the only platform that has not responded so far [20 de abril] it was Telegram, all the others responded” and that the platform is “traditionally difficult to contact, difficult to dialogue”.

Telegram Brasil countered. “Contrary to claims spread by Minister of Justice Flávio Dino, Telegram responded to Senacon’s request one business day after submission. Unlike other companies, Telegram was not informed about the request until the day it was found guilty of ‘not responding’,” the company said via social media.

Contrary to claims spread by Minister of Justice Flávio Dino, Telegram responded to SENACON’s request within a business day of submission. Unlike other companies, Telegram was not informed about the request until the day it was found guilty of “not responding”. pic.twitter.com/EfzrDn0PEB

— Telegram Brasil (@telegram_br) May 4, 2023

According to Telegram, Senacon opened an administrative proceeding involving the company and other platforms on April 13. A week later, the secretariat sent an email to Telegram requesting that the company should provide more information to the agency.

On April 26, the platform was suspended by the Federal Court in Brazil for having presented information considered precarious and insufficient about neo-Nazi groups.

Three days later, the Federal Court annulled the decision, but upheld the daily fine of BRL 1 million imposed by the first instance, for failing to comply with the determination to provide complete data on the aforementioned groups.

A CNN sought out minister Flavio Dino and secretary Wadih Damous to comment on Telegram’s position. Read note below:

MJ’s response on Telegram positioning

The National Consumer Secretariat informs that, in fact, Telegram had not formally received the notification on the date of the press conference on the balance of actions within the scope of the Safe School Operation. Thus, the statement made, at the time, by the National Consumer Secretary, Wadih Damous, and not by the Minister of Justice and Public Security, Flávio Dino, is rectified.
However, some clarifications are in order:
• The notification was sent to Telegram on the 20th of April, which led to the secretary’s mistaken information that it had already been received by the company.
• Telegram does not have an official headquarters in the country, even though it operates on a large scale in Brazil, which makes contact with the company extremely difficult.
• Telegram has a history of non-cooperation with the Brazilian authorities, from the different Powers of the Republic, on sensitive issues for the population.
• On April 13, 2023, an administrative investigation procedure was opened against Telegram, and against the platforms Google, Meta/Facebook, Tik Tok, Twitter, Kwai, within the scope of the Safe School Operation.
• Subsequently, Senacon learned the address of the law firm that defends the company’s interests in Brazil. Although not usual, a copy of the notification was sent directly to the aforementioned office on April 20th.
• All other companies were easily located and notified, responding to notifications within the period stipulated by Senacon.
Wadih Damous – National Consumer Secretary