Brazil’s authoritarians feud with Telegram over ‘attack on democracy’

Brazil officials Tuesday slammed Telegram’s “attack on democracy” after the social media platform urged users to contact their representatives about a censorship bill.

The legislation would force social media companies to remove users without notice for a host of reasons, which include posting content against “the Democratic rule of law”. Amended law PL 2630/2020 — or the “Fake News Law” — would require the removal of any user guilty of “dissemination or sharing of facts that are known to be untrue, or seriously out of context, that affect the integrity of the electoral process”.

Social media companies who do not comply with government orders and rid their platforms of fake accounts will face fines of R$100,000 ($20,053) to R$150,000 ($30,080) per hour, a R$50,000 ($10,026) increase from current fine limits. Furthermore, while current fines are only parameters and not legally mandatory, this amendment would stamp such fines into law.

An amendment which already passed last month says that social media companies are to be held liable for content boosted by their algorithms, such as advertisements and promotions.

The bill was met with backlash from tech companies such as Google and Meta, sparking a feud with top-ranking Brazil officials. 

On Tuesday, Telegram Brazil sent a message to its users urging them to lobby their congressmen to oppose the bill:

Brazil is about to pass a law that will end free speech. PL 2630/2020 gives the government censorship powers without prior judicial oversight. 

For fundamental human rights, this bill is one of the most dangerous pieces of legislation ever considered in Brazil . . .

Talk to your deputy here or on social media today – Brazilians deserve a free Internet and a free future.

In response, Minister of Justice and Public Security Senator Flávio Dino took to Twitter where he accused Telegram of “lies and aggression”.

“‘Democracy is under attack in Brazil,’” Dino wrote. “Thus begins an absurd heap posted by the company Telegram against Brazilian institutions. What do you want? Provoke another January 8th? Legal steps are being taken against this empire of lies and aggression.”

During a protest on January 8, 2023, allegedly designed to replicate the one at the United States Capitol on January 6th, 2021, Brazilian demonstrators stormed the National Congress, Planalto Palace and Supreme Court. The protest came after two months of fierce demonstrations against what many Brazilians said was a fraudulent election.

The Federal Public Prosecutor's Office (MPF) sent a letter Tuesday to Telegram executives demanding an explanation for its message to users, which it called an “attack on democracy”. The MPF asked Telegram if it allowed users on its platform to express support for the bill and gave the company 10 days to respond.

The letter comes after Brazil’s Lula administration tried to ban Telegram from the country due to the company’s refusal to hand over user data. Instead, the messaging app will be fined one million reais ($200,553) per day if it operates in Brazil and refuses to comply with censorship orders.

The Fake News bill was scheduled for a vote last week but was taken off the calendar when its proponents could not find enough votes. 

Dino claims the bill is necessary for freedom of expression, saying that "the idea that regulating and monitoring the internet would be against freedom of expression is false." The Communist Party member added that censorship, in fact, is central to freedom of expression.

"It is only possible to preserve freedom of expression by regulating it," claimed Dino. "We already have, at this point, affirmed that criminal networks are strongly organized in this theme of violence against schools," added the communist politician.

The Lula administration has launched a major censorship offensive following an April 5th attack on a nursery in Santa Catarina when a man massacred four children with an ax. The incident marks the ninth school attack in eight months.

Authorities have already arrested over 300 people — including minors — who have been accused of hate speech online or “stoking school violence” though the charges have not been detailed and investigations are under seal. Brazilian lawmakers will vote Tuesday on legislation that will make certain speech on social media illegal, though senior officials insist this will not hamper freedom of expression.