The judge of the National Court Santiago Pedraz has agreed suspend enforcement of blocking the Telegram instant messaging application which he accessed last Friday while awaiting a report that he has requested from the General Information Commissioner’s Office on the impact that this measure may have.
In an order, the head of the Central Court of Instruction Number 5 urges the intelligence service to provide him with data on the characteristics of the platform “as well as the impact that said temporary suspension may have on users«.
It should be remembered that it was last Friday when the magistrate agreed to block Telegram following a complaint filed by Mediaset, Atresmedia and Movistar Plus for alleged unauthorized use of audiovisual content subject to copyright.
A day later, on Saturday, the judge gave the Spanish operators three hours to proceed with the suspension of resources associated with the application. Legal sources have explained that, however, the magistrate did not execute that request, and that it is awaiting the required report.
The judge considered the blockade measure as necessary, suitable and proportional for which there was no alternative that could stop the repetition of the reported events, since the authorities of the Virgin Islands have not collaborated with the rogatory commission sent for the purpose of that Telegram reported certain technical data that would allow the identification of the owners of the accounts used for the infringement of intellectual property rights.
The arguments for blocking Telegram
The resolution, reported by this news agency, explained that for the successful completion of the investigation, it was necessary to carry out the procedures contained in the rogatory commission sent to the Virgin Islands without any news of compliance with the order so far. mentioned cooperation instrumentso numerous investigative procedures would remain pending depending on the information that will facilitate the execution of the aforementioned International Rogatory Commission.
He repeated non-compliance of the petition addressed to the Virgin Islands on July 28, 2023, it noted, prevents the continuation of the investigation of the case. In this commission it was requested that Telegram inform about certain technical data that would allow the identification of the owners of the accounts used for the infringement of the intellectual property rights of the entities brought forward as private accusations.
This lack of collaboration from the authorities of the Virgin Islands, the judge pointed out, who were only asked for a communication activity from those responsible for the social network, caused the measures to be adopted. precautionary measures requested by the private accusations.
The only possible measure
In his opinion, the precautionary measures requested were the only ones possible given the lack of collaboration from the authorities of the Virgin Islands. «There is no other type of measure that can stop the repetition of the reported events.«, he stressed.
The magistrate added that the agreed measure is appropriate because its execution would put end to infringement of intellectual property rights denounced to prevent access through the network to the contents of the aforementioned rights.
In his resolution, Pedraz also explained that The measure has legal support contemplated in article 13.2 of the LECRIM. For all these reasons, he considered that the precautionary measure concerned was justified because it is necessary to put an end to the reported infringement, it is proportional and suitable for the purpose pursued by the measure since it is not possible to resort to another type of action with the same purpose and it is expressly contemplated by the Law.
In his order, the magistrate also agreed to the extension of the investigation for six monthsUntil the 29th of September.