Federal judge Flávio Lucas, from the 2nd Specialized Panel of the Federal Regional Court of the 2nd Region (TRF2) informed in his decision that the suspension of the application throughout the country “is not reasonable, considering the widespread impact throughout the national territory of the freedom of communication of thousands of people who are absolutely strangers to the facts under investigation”.
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However, the judge maintained the daily fine of one million reais, established by the first judicial instance, informed the TRF2, based in Rio de Janeiro, in a statement.
The Federal Police and the Public Ministry had asked the Telegram the personal data of all members of the “Brazilian Anti-Semitic Movement” and “Anti-Semitic Front” channels, which authorities associate with attacks on schools in recent months.
In November last year, a 16-year-old teenager shot and killed four people and injured more than ten at two schools in Espírito Santo.
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The young man “was a member of extremist groups on Telegram, where neo-Nazi advocacy material was shared (…) with tutorials on murder and the manufacture of explosive devices, and videos of violent deaths”, detailed the TRF2.
According to the first court instance, the Telegram only “partially” delivered the requested data.
The company, based in Dubai and registered in the British Virgin Islands, announced on Thursday (27) that the requested information is “technologically impossible to obtain” and announced that it would file an appeal in court.
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“No matter the cost, we will defend our users in Brazil and their right to private communication,” said its executive director, Pavel Durov, at the time.
O Telegram had already been the subject of a suspension order in Brazil in March 2022, when the Minister of the Federal Supreme Court (STF) Alexandre de Moraes ordered its blocking because he considered that the company repeatedly failed to comply with court orders to combat disinformation in an election year and did not collaborated with authorities in the repression of other crimes.
After the blocking order, which did not come into force, the Telegram appointed a legal representative in Brazil and detailed in court its internal mechanisms for combating disinformation.
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(With AFP)
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