Non-compliance with court order to remove content, data provision and information disclosure
In March 2022, Supreme Court Justice Alexandre de Moraes ordered the blocking of the Telegram app across Brazil for failing to comply with various court orders, including the provision of user data and the removal of channels and content. However, after the company responded, the decision was reversed by the Justice, and the blocking was not implemented.
BLOCKING ORDER
acesse o documento- Judicial Body
- Federal Supreme Court
- Judge
- Alexandre de Moraes
- Date of Decision
- March 17th 2022
- Type of Block
- Indefinite period
- Case Number
- Pet 9935
ORDER LIFTING
THE BLOCK
acesse o documento - Judicial Body
- Federal Supreme Court
- Judge
- Alexandre de Moraes
- Date of Decision
- March 20th 2022
- Case Number
- Pet 9935
CASE ANALYSIS
In a decision under judicial secrecy, Supreme Court Justice Alexandre de Moraes ordered the blocking of Telegram, citing the app’s failure to comply with various court orders. These included the removal of channels and content, provision of user data, suspension of monetization transfers, and the submission of explanations regarding measures against misinformation.
The decision ordered the president of Anatel to notify the blocking, within a five-day period, to internet service providers in Brazil. It also required the blocking of the app by Apple and Google app stores and “backbone companies.” Additionally, it imposed a daily fine of R$100,000 on individuals or entities using unlawful technological means to access Telegram once it was blocked. The Justice had notified Telegram, which had no legal representation in Brazil, by sending emails and issuing a notice to attorneys appointed by the app to handle intellectual property matters. He also stipulated that the blocking would only be lifted once Telegram paid previously imposed fines and appointed a representative in Brazil.
After the company responded and appointed a legal representative, the order was revoked by Justice Alexandre de Moraes, and the blocking was not implemented.