Bloqueios

Telegram Case I

Non-compliance with court order to remove content, data provision and information disclosure

2022/04/29 | Blocking order issued but not executed

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

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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

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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After the company responded and appointed a legal representative, the order was revoked by Justice Alexandre de Moraes, and the blocking was not implemented.

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