Telegram will continue to operate for now in Spain. The judge of the National Court, Santiago Pedraz, has agreed this Monday to suspend the execution of the blockade of the instant messaging app that had been ordered last Friday. He does so to review the content of a report he requested from the General Information Police about the potential impact of that measure on users.
In his new order, the head of the Central Court of Instruction Number 5 urges the intelligence service to provide data on the platform’s characteristics as well as the possible impact of the temporary suspension on users.
The precautionary measure was adopted on Friday at the request of Mediaset, Atresmedia, and Movistar Plus for alleged unauthorized use of audiovisual content protected by copyright. A day later, the judge issued another resolution giving Spanish operators three hours from receipt of the communication to suspend resources linked to the app, although that request was never carried out, according to legal sources.
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Medida “necesaria e idónea”
El titular del Juzgado Central de Instrucción Número 5 insta al servicio de inteligencia a que le aporten datos sobre las características de la plataforma “así como la incidencia que pueda tener sobre los usuarios dicha suspensión temporal”.
The judge deemed the blocking measure as necessary, appropriate, and proportional, noting that there was no alternative that could halt the repeated acts alleged. Authorities in the Virgin Islands had not cooperated with the rogatory commission sent to make Telegram disclose certain technical data that would identify the accounts used in the IP infringements.
The ruling explained that for the proper progress of the investigation the diligences outlined in the rogatory commission addressed to the Virgin Islands were essential, yet there was no information about whether the instrument of cooperation had been fulfilled. Consequently, numerous investigative steps remained pending, awaiting the information that the execution of the commission would provide.
The repeated failure to comply with the request addressed to the Virgin Islands on July 28, 2023, was cited as a reason to halt the ongoing investigation. The commission requested Telegram to reveal specific technical data enabling the identification of account holders involved in the alleged intellectual property rights violations by the entities acting as private accusers.
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Falta de colaboración de Islas Vírgenes
That lack of cooperation by Virgin Islands authorities, the judge pointed out, was such that their involvement would only require a communications activity toward the social network’s administrators. This situation prompted the court to adopt the precautionary measures requested by the private plaintiffs. In the judge’s view, those cautions were the only viable option given the Virgin Islands authorities’ non-cooperation. “There is no other measure that can stop the repetition of the stated facts,” he stressed.
He added that the ordered measure is appropriate because its execution could curtail the IP rights infringement and block access to the cited content via the network. The measure is supported by legal provisions set out in Article 13.2 of the Criminal Procedure Act. For this reason, the magistrate considered the precautionary action justified as necessary to stop the infringement, proportional, and suitable to the measure’s aim, since there is no other action with the same purpose expressly contemplated by law.
The document also noted that the lack of cooperation from Virgin Islands authorities limited the progress of the case. It emphasized that the measure aligns with the legitimate objective of protecting intellectual property rights and ensuring the investigation can proceed with the requested information. The ruling thus anchors the precautionary approach in the applicable legal framework and the specific facts of the case, while remaining mindful of proportionality and necessity in a complex international context.
Source notes: Court documents and official communications referenced by the parties involved (attribution: court records and legal sources).