The Supreme Federal Court, Brazil’s highest court, on Friday, authorized the opening of an investigation against local executives of technology companies Google and Telegram for abuse of economic power to campaign among their users against the anti-disinformation bill (fake news bill) being processed by Congress.
The order was given by Supreme Court Justice Alexandre de Moraes, in charge of a trial on fake news and attacks against the rule of law, at the request of the Prosecutor General’s Office.
U.S. giant Google and social messaging network Telegram were accused of abuse of economic power by using their platforms to spread “disinformation,” criticizing the bill for allegedly regulating hate speech and violence on the platforms, which many say in reality is nothing else than a censorship bill.
In his decision, Moraes points out that the investigation will be conducted “in front of the directors and other responsible persons” of the companies that “have participated in the abusive campaign” against the congressional text.
The Prosecutor General’s office requested the investigation following a complaint by the president of the Chamber of Deputies, Arthur Lira.
According to the ruling, Moraes determined that the Federal Police would act for an initial period of 60 days so that the messages published by the companies against the bill would be preserved and submitted to forensic examination.
The Federal Police is authorized to take statements from the executives of both companies, who have publicly positioned themselves against the bill supported by part of the opposition and the parliamentary base of President Luiz Inácio Lula da Silva’s government.
On May 1, Google placed a link against the bill in the Brazilian edition of its home page, and its entire platform was directed to news against the initiative.
Telegram, for its part, sent to all its users a message stating that the law “ends freedom of expression” in Brazil but was forced to withdraw it 24 hours later after Justice Moraes threatened to suspend its operation in Brazilian territory.
Deputy Lira argued in his request that the platforms encourage users to pressure deputies and promote a “disinformation campaign”.
The deputy prosecutor general, Lindora Araújo, included in her request to investigate the companies under the consumer defense code and possible abuse of economic power due to their dominant position in the market.
“The factual scenario points to the existence of minimum information elements of criminal conduct”, says the request of the deputy prosecutor general submitted to the court and accepted by the supreme judge.
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