Judge says measure affects users’ “freedom of communication”; maintains a fine of R$ 1 million for the application
Federal judge Flávio Lucas, of the 2nd Specialized Panel of the TRF-2 (Federal Regional Court of the 2nd Region), partially suspended the decision that removed the Telegram application from the air. The injunction (full – 505 KB) was published this Saturday (29.Apr.2023), just over 2 days after the social network went offline in Brazil, and responds to a request from the app.
This Saturday’s decision (April 29) maintains the daily fine of R$ 1 million imposed on the app for failing to comply with the determination to provide data on all users linked to Nazi and neo-Nazi groups on the social network.
“The measure of complete suspension of the service is not reasonable, considering the widespread affectation throughout the national territory of the freedom of communication of thousands of people who are absolutely strangers to the facts under investigation“, says Judge Flávio Lucas.
The magistrate determines that the telecommunications companies (Vivo, Claro, Tim and Oi), Google and Apple are urgently officiated so that they close “any type of app lock“.
At 7:22 pm on Tuesday (April 25), Judge Wellington Lopes da Silva, of the 1st Federal Court of Linhares (ES), established the “temporary suspension of Telegram activities in Brazil”. Even with the blockade, users such as political authorities, parties and communication vehicles continued to post on their channels on the social network.
The judge explained that the decision was based on compliance “precarious” by the application of the court order that forced platforms to hand over user information to the PF (Federal Police). Telegram co-founder Pavel Durov alleges that the Brazilian Justice requested data “technologically impossible to obtain”.
In the issued document (full – 300 KB), there are no specifications regarding sanctions foreseen for users and channels that eventually continue to use Telegram resources even with the suspension.
The text also does not mention the possibilities of accessing the network through extension resources, such as VPN – an acronym that comes from the English Virtual Private Networkor “virtual private network”, in the Portuguese translation.
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