Supreme Court justice fights back against Telegram

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Supreme Court Justice Alexandre de Moraes threatened to suspend messaging app Telegram over a message it shared with users in Brazil criticizing the Fake News Bill.

A message published on Telegram Brasil’s channel on Tuesday said that “democracy is under attack in Brazil” and claimed that the bill, which proposes stricter regulation for social media platforms and search engines, would “kill the modern internet” and “put an end to freedom of expression.” Telegram called on users to pressure lawmakers to reject the bill.

Justice Moraes on Wednesday ordered that Telegram remove the message and send a new one to users describing the initial message as “egregious and illicit disinformation” that “fraudulently distorted the discussion and debates on the regulation of social media and private messaging providers.” The judge gave Telegram one hour to comply with the order, failing which the app would have been suspended for 72 hours and fined BRL 500,000 (USD 100,900) per hour of non-compliance.

Telegram deleted the message shortly afterward.

Mr. Moraes has also asked that the Federal Police summon Telegram’s legal representatives in Brazil to explain their actions.

Tech companies have been pushing back hard against PL 2630, the so-called Fake News Bill, which would put the onus on social media platforms for identifying and removing content that could constitute disinformation or a crime, such as inciting violence or racism. Companies that fail to meet their obligations would face sanctions ranging from fines to suspensions.

Last week Google came under fire for posting a link on its homepage to a blog post criticizing the bill and claiming it would “make the internet worse.” The search engine was accused of abusing its power to wade into and distort public discussions, as Telegram is now accused of doing also.

Justice Minister Flávio Dino welcomed Justice Moraes’ order as an “important step towards setting regulatory benchmarks for these companies.” Writing on Twitter, he added, “The digital Wild West is incompatible with the Constitution.”

The Fake News Bill was initially due to go to a vote in the lower house last week, but was postponed amid heated debate and a lack of consensus. But while it stalls in Congress, the issue of regulating social media platforms is advancing in the judiciary. As we noted in today’s Brazil Daily Newsletter, the Supreme Court is due to discuss two cases next week which question parts of Brazil’s legal framework for the internet and could pave the way for holding social media platforms responsible for third-party content.

This is not the first time that Telegram has faced suspension in Brazil. The messaging app was temporarily suspended last year over its failure to comply with electoral provisions against disinformation, and again last month after the company failed to collaborate with an investigation into neo-Nazi groups.