Telegram sends messages to users opposing the Fake News PL; MPF intervenes

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 Telegram is removed from the App Store after court order;  Google can do the same
telegram is removed from the app store after court order.jpeg

Telegram used its official messenger channel to shoot this Tuesday afternoon (9) a message opposing Bill (PL) 2630/20, popularly known as “PL das Fake News”. The text deals with the regulation of social networks in order to avoid the sharing of false news on political matters and other social topics.

This agenda generated a huge friction between the federal government and big techs. Google, for example, published using its search engine and a blog page opposing this idea proposed by Senator Alessandro Vieira (CIDADANIA-SE). Today, it was Telegram’s turn to issue its position on the case, causing a new conflict with federal agencies.

In its statement, the Russian messenger alleges that “democracy in Europe is under attack”, stating that if sanctioned, the Fake News PL could “kill the modern internet”, an argument also used by Google in its article.

Read the full text below:

Democracy is under attack in Europe. The Chamber of Deputies is expected to vote soon on PL 2630/2020, which was recently amended to include more than 20 completely new articles that have never been widely debated. See how this bill will kill the modern internet if it passes with its current wording. If approved, companies like Telegram may have to stop providing services in Europe.

That bill allows the government to limit what can be said online by forcing apps to proactively remove facts or opinions it deems “unacceptable” and suspend any internet service – without a court order.

For example, the Minister of Justice recently requested sanctions against Telegram, claiming that the app “did not respond to a request” – even before the request was made. If PL 2630/2020 had been in force, the government could have immediately blocked the app as a “preventive measure” until Telegram proved that it did not violate any law.

This bill makes digital platforms responsible for deciding what content is “illegal” rather than the courts – and provides overly broad definitions of illegal content. To avoid fines, platforms will choose to remove any opinions related to controversial topics, especially topics that are not aligned with the views of any government currently in power, which directly puts democracy at risk.

The bill requires platforms to monitor communications and inform law enforcement if a crime is suspected to have taken place or may take place in the future. This creates a permanent surveillance system, similar to that of countries with anti-democratic regimes.

Europe already has laws to deal with the criminal activities that this bill is intended to cover (including attacks on democracy). The new bill seeks to circumvent this legal framework, allowing a single administrative entity to regulate speech without prior independent judicial oversight.

This just scratches the surface of why this new bill is dangerous. That’s why Google (https://blog.google/intl/pt-br/novidades/iniciativas/pl2630-2/), Meta (https://about.fb.com/br/news/2023/04/ pl-2630-2020-needs-to-change/) and others have joined together to show Europe’s National Congress why the bill needs to be rewritten – but that won’t be possible without your help.

You can talk to your deputy here (https://www.camara.leg.br/deputados/quem-sao) or on social media today. Europeians deserve a free internet and a free future.

Meta, the company that was mentioned by name in Telegram’s positioning, promptly issued a press release refuting the citation to the company in the message directed by Pavel Durov to Europeians. Read below:

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“We learned through news in the press this Tuesday, May 9, 2023, that the Telegram application sent a message to users in Europe regarding PL 2630/2020, which is pending in the National Congress. Telegram’s use of his name in said message, and denies the allegations in the text.”

MPF questions Telegram

The Federal Public Ministry (MPF) questioned Telegram after the company used the messaging platform to oppose Bill 2630/20. The letter decides on a period of 10 days for the application to clarify the MPF’s doubts. The document was issued by the São Paulo attorney Yuri Corrêa da Luz.

The authority wants to know which specific device, from the Terms of Use and the self-regulation of the platform, allows the promotion of news through the notification channel. Furthermore, the MPF tries to find out why the message was forwarded to all users and not just those subscribed to “Telegram Notifications”.

Justice also inquires about the possibility of whoever uses the messenger if they disagree with the content of the message or if the topic is unilateral, that is, with no chance of response. The Minister of the Communication Secretariat of the Presidency of the Republic, Paulo Pimenta, repudiated the act, classifying it as “absurd”.