Federal Judge Flávio Lucas of the 2nd Specialized Court of the TRF-2 ruled this Saturday (29) to lift the injunction of the Federal Court of Espírito Santo that determined the temporary suspension of Telegram in Brazil. The information comes from Folha de S. Paulo and the G1 portal.
Despite this, he upheld the daily fine of R$ 1 million imposed by the first instance for non-compliance with the provision that the application had to provide data from users of channels with neo-Nazi content.
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In his decision, the judge states that the complete cessation of the application nationwide “is not appropriate, considering that freedom of communication is widespread throughout the country by thousands of people who are completely unfamiliar with the matter under investigation.” .
Lucas also notes in the decision that the regulation of social networks in Brazil “is still insufficient and that there is a need to establish clearer and more specific rules in order to avoid abuse and to protect both society and users in a balanced way and weighing up individual and collective rights, with a considerable weighting of constitutional interests”.
The judge also noted that Telegram had “a history of trouble with the judiciary” for failing to comply with requests for data delivery. “Tech companies need to understand that ‘cyberspace’ cannot be a free territory, another world in which a new social contract is in force, with its own rules created and administered by the agents who exploit it commercially. Institutions and corporations, like private property, must serve a social purpose, they must serve evolution, not regression,” he said.
That was decided by the Federal Court of Justice last Wednesday (26). application interruption in the country after the Federal Police (PF) messaging application failed to provide data on neo-Nazi groups on the platform.
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