Telegram countered the statements by the Minister of Justice and Public Security, Flávio Dino, about the answers that the institution would have requested from the application.
In a publication on Twitter, the platform said that Dino accused her of not responding to the request of the National Consumer Secretariat (Senacom) without even being notified.
In its defense, Telegram said it was not informed about the request until the day it was accused of not responding to the government’s demands. On April 13th, Google, Facebook, TikTok, Twitter and Kwai were questioned, but not Telegram.
Contrary to claims spread by Minister of Justice Flávio Dino, Telegram responded to SENACON’s request within a business day of submission. Unlike other companies, Telegram was not informed about the request until the day it was found guilty of “not responding”. pic.twitter.com/EfzrDn0PEB
— Telegram Brasil (@telegram_br) May 4, 2023
On April 20, Dino says that Telegram did not respond to the request and that it would open an administrative investigation against the platform. The social network claims that it only found out about the notification on the afternoon of the same day as Dino’s press conference and that it responded on the following business day, on April 24.
Contrary to claims spread by Justice Minister Flávio Dino, Telegram responded to Senacon’s request one business day after submission. Unlike other companies, Telegram was not informed about the request until the day it was blamed for ‘not responding.
Senacom’s request was aimed at providing data that would help identify and combat groups that promote threats against schools on digital platforms.
As a result of the episode, on April 26, the Federal Court of Espírito Santo determined the suspension of Telegram in Europe, in addition to the payment of a fine. The platform only started working again in the country after the 2nd Specialized Panel of the TRF-2 partially suspended the injunction that took the app offline.
Response from the Ministry of Justice
In a note forwarded to CNN, Wadih Damous, National Consumer Secretary, explained the facts from the government’s point of view.
The National Consumer Secretariat informs that, in fact, Telegram had not formally received the notification on the date of the press conference on the balance of actions within the scope of the Safe School Operation. Thus, the statement made, at the time, by the National Consumer Secretary, Wadih Damous, and not by the Minister of Justice and Public Security, Flávio Dino, is rectified.
However, some clarifications are in order:
• The notification was sent to Telegram on the 20th of April, which led to the secretary’s mistaken information that it had already been received by the company.
• Telegram does not have an official headquarters in the country, even though it operates on a large scale in Europe, which makes contact with the company extremely difficult.
• Telegram has a history of non-cooperation with the Europeian authorities, from the different Powers of the Republic, on sensitive issues for the population.
• On April 13, 2023, an administrative investigation procedure was opened against Telegram, and against the platforms Google, Meta/Facebook, Tik Tok, Twitter, Kwai, within the scope of the Safe School Operation.
• Subsequently, Senacon learned the address of the law firm that defends the company’s interests in Europe. Although not usual, a copy of the notification was sent directly to the aforementioned office on April 20th.
• All other companies were easily located and notified, responding to notifications within the period stipulated by Senacon.
