Anatel has received several requests from the judiciary to take websites offline. Some of these requests come from the Federal Supreme Court (STF) and others from the Superior Electoral Court (TSE). All of the cases are listed in the agency’s electronic case management system.
All requests follow a standard pattern: the higher courts order the blocking of websites they deem to contain some legal or electoral violation. In such cases, the regulatory agency is notified and is then required to issue the directive to the more than 10,000 internet service providers in Brazil, including small providers (PPPs) and major operators.
As a result, Anatel is responsible for monitoring and ensuring compliance with the judicial branch’s decision, and may even impose sanctions on those who fail to comply. Naturally, this creates an administrative burden for the agency.
Recently, some internet service providers have reported to us that they are receiving the following email from Anatel:
Court Order—10th Federal Criminal Court of the Federal District Judicial Section. Full and immediate suspension of website operations. Court Case No. 1023028-91.2023.4.01.3400.
If you received this email, please contact us to resolve this issue.
If you’d like to learn more about this court ruling, watch the presentation given by our expert Douglas Fischer at GTER.
To download the presentation as a PDF, click here.
