In Brazil, a controversial measure to regulate disinformation online has been dubbed the “censorship bill” by critics, but hailed by proponents as a vital defense against “fake news” and online extremism. The legislation aims to deal with a flood of disinformation online and was introduced in 2020 but stalled in the lower house after passing the Senate. It surged into the spotlight again after supporters of far-right ex-president Jair Bolsonaro ran riot in Brasilia in January, allegedly incited by social media disinformation claiming their candidate’s 2022 election loss to now-President Luiz Inacio Lula da Silva was fraudulent.
The Debate
Lula’s left-wing government and various civil society groups back the bill, while tech companies, Evangelical Christian lawmakers, and Bolsonaro supporters oppose it, alleging it would create an Orwellian “Truth Ministry” to censor citizens’ views. The measure has made headlines in recent weeks as the government and courts have hit back at Google and Telegram for using their platforms to oppose it. Brazilian law currently exempts internet companies from responsibility for third-party content, except when there is a court order to remove it or in the case of pornographic images published without a subject’s consent. Companies set their own rules on content, under their terms of use.
The Bill’s Provisions
The bill, known as Bill 2630/2020, aims to increase transparency and make companies adopt rules to combat illegal content in seven areas: attacks against democracy and the rule of law, children, the health system, and women; racism; terrorism; and incitement to suicide or self-harm. Based partly on the European Union’s recently adopted Digital Services Act, the bill would apply to all social networks, search engines, and instant messaging apps with more than 10 million monthly users and require them to hire external auditors. Penalties for violations would range from warnings to temporary suspensions or fines of up to 10 percent of revenue. The current version of the legislation leaves a question mark over exactly how it will be enforced, experts say, as plans to create an independent regulatory agency were removed from the bill after the accusations that it would create a “Truth Ministry.”
The bill has been criticized by Telegram and Google, who believe it seriously threatens free speech. Telegram sent a message to its more than 40 million users in Brazil warning that Congress “is about to pass a law that will end free speech” and “give the government censorship powers.” Google Brasil’s public policy director, Marcelo Lacerda, wrote that companies would have to remove legitimate views, resulting in excessive blockage and a new kind of censorship. Public policy expert Pablo Ortellado at the University of Sao Paulo stated that the bill would not require companies to remove or label all such content, but they will be required to demonstrate that they are making sufficient efforts to take it out of circulation. However, Ortellado warned that the current version of the legislation leaves a door open to a political, rather than technical, oversight process, which is dangerous.
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