31/03

Executive Branch presents proposal for changes to the Fake News bill. The Secretariat of Social Communication of the Presidency of the Republic (Secom) and the Ministry of Justice sent suggestions for changes al Bill No. 2630/2020. Between main modifications Proposed by the government are the inclusion of the notion of duty of care and the obligation to assess the risks of the content of the platforms. Regarding the duty of care, it is suggested that the large platforms act to prevent or mitigate illegal practices derived from third-party content that configure or incite, for example, crimes against the Democratic Rule of Law and gender violence. Risk assessment, in turn, imposes on the platforms the obligation to carry out diligent analysis before introducing functionalities that may have critical impacts on the exercise of fundamental rights, as well as on political-institutional and electoral processes.

In addition, the Executive's proposal modifies the article that guarantees parliamentary immunity in the online environment. Instead of the unrestricted guarantee, the new provision suggests that large platforms be prohibited from blocking or deleting accounts of public administration, citizens elected to executive and legislative positions at the federal and state levels, and state ministers, except in cases of court order. The article provides for the possibility of suspending these accounts for no more than 7 days in case of violation of the terms and policies of use of the platforms or dissemination of hate speech, illegal content or content with the potential to cause damage. The Executive also proposed the creation of an autonomous entity in order to supervise compliance with the rules by the platforms, as well as the preparation of a Code of Conduct to Fight Disinformation.

CONTENT MODERATION DISINFORMATION FAKE NEWS

12/04

The Ministry of Justice and Public Security (MJSP) issued the Administrative Regulation 351/2023, which establishes guidelines for the responsibility of digital platforms in cases of dissemination of content that encourages attacks or promotes violence in schools. Since August of last year, there have been five armed attacks on schools, unprecedented events for the country's parameters.. The regulation provides for the opening of an administrative procedure in the National Consumer Secretariat - Senacon - to investigate the responsibility of companies in the "general duty of security and care in relation to the spread of illegal and harmful content." It also obliges platforms to evaluate and take measures to mitigate systemic risks, adopt tools to prevent the spread of new threats, active content moderation policies, and provide information on the rules of their recommendation algorithm systems. 

FREEDOM OF EXPRESSION CONTENT MODERATION

Senacon sends notification to the platforms with measures to combat violence in schools. The National Consumer Secretary, Wadih Damous, sent notifications for digital platforms demanding their action in the fight against aggression in the school environment. The messages communicate that the companies will have, from the receipt of the notification, a period of 72 hours to send a report on the measures adopted to monitor, limit and restrict content that incites violence against schools and students. . The initiative follows the recent publication of the regulation of the Ministry of Justice to guide actions against terrorist attacks in schools, which includes a specific regulation for digital platforms. The Novo Party (NOVO) also presented a project seeking to stop the effects of the measure, stating that the Executive Power would be extrapolating its powers when determining "what is the truth and what should be published or not.".

FREEDOM OF EXPRESSION CONTENT MODERATION

Bills seek to prohibit the dissemination of images, videos or other information of the perpetrators of massacres, terrorism or violent shootings. the federal representative Nely Aquino (PODEMOS/MG) presented the PL 1798 / 2023, which provides for the prohibition of the dissemination of images, videos or other information about the perpetrators of massacres, terrorism or violent shootings. In the justification, the parliamentarian lists recent events to highlight the relevance of the issue and argues that the dissemination of this type of content can generate a "contagion effect", which has the potential to inspire new attacks. 

Of a similar nature, on 11.04, federal deputy Luisa Canziani (PSD/PR) presented the PL 1785 / 2023, which seeks to modify the Telecommunications Code (Law no. 4.117/1962) and the Internet Civil Rights Framework (Law no. 12.965/2014) so ​​that they are not available, both on digital platforms and in the media, content that allows the identification of perpetrators of crimes with "potential to cause social upheaval." As in the project mentioned above, the parliamentarian argues that the dissemination of information of this nature has a multiplier effect and can cause "glorification of the criminal", in order to encourage the commission of other crimes.

FREEDOM OF EXPRESSION CONTENT MODERATION

Magno Malta will not have to pay compensation to Xuxa for a video book review published on the Internet, decides the São Paulo Court of Justice. The 2nd Chamber of Private Law of the Court of Justice of São Paulo (TJSP) denied a request for compensation of R$150.000 for moral damages formulated by the television presenter Xuxa Meneghel against Senator Magno Malta. After the presenter gave an interview in 2020 about her book "Maya: Rainbow Baby" (not yet published at the time), which is LGBTQIA+ themed, the senator posted a video on her social media saying that the story of the work would be "outrageous". He affirmed that “God created man and woman, and this is not religion, it is science. Children must be respected, in their psychological, moral and emotional aspects. So it's time to stand up, unite, get stronger and speak out." In the action, Xuxa alleged that the offenses were serious, having damaged her honor and dignity. In the first instance, the presenter's request was denied. Confirming the understanding of the first degree, the Court argued that the video did not represent an offense to the honor or image of the presenter, since it would be "mere criticism and indignation." Judge Giffoni Ferreira, charged with the case, said that the presenter "must be used to criticism from the public and the press."

FREEDOM OF EXPRESSION

13/04

Court of Justice of Rio Grande do Sul decides that Carla Zambelli must pay moral damages to Manuela d'Ávila for publishing a montage on social networks. The 10th Civil Chamber of the Rio Grande do Sul Court of Justice (TJRS) sentenced federal representative Carla Zambelli to pay R$20.000 in moral damages to former parliamentarian Manuela d'Ávila. The lawsuit was filed after Zambelli posted on his Instagram, Facebook and Twitter accounts a montage in which Manuela, Sâmia Bomfim and Talíria Petrone, celebrating the decision of the Supreme Court of Colombia that accepted the petition to declare the crime of abortion unconstitutional, appear with horns on their heads, under the title "genocidal left". Manuela alleged that the image constituted defamation and insulted her honor, while Zambelli justified that it only responded to political manifestations. In the first degree, the 2nd Civil Court of the Central Forum of Porto Alegre dismissed the action. However, the appeal court unanimously held that although public figures have their privacy diminished due to their exposure, freedom of expression cannot serve as a safeguard for offensive speeches against honor. 

FREEDOM OF EXPRESSION DEFAMATION

18/04

TSE maintains fines against Carla Zambelli and Flávio Bolsonaro for spreading false news on social networks. He Court Electoral Superior (TSE) maintained, by majority, the condemnation of the federal deputy Carla Zambelli and the senator Flávio Bolsonaro to the exclusion of a video published on social networks and to the payment of fines. The Court confirmed the the decision of the day 13.01 of Minister Alexandre de Moraes, rapporteur of the case, who determined the payment of R $15 thousand by the senator and R $30 thousand by the deputy. The contested content is a video that, according to the Brazil of Hope coalition, author of the action, contained a series of false news, such as the allegation that older pensioners would be enduring a financial hole resulting from the corruption promoted by the PT and Lula. The material was disseminated on Zambeli's Instagram and Twitter accounts, as well as on Flávio Bolsonaro's Instagram profile. Since the senator made only one publication, which received fewer visits than the deputy's posts, the TSE understood that the values ​​of the fines should be different. According to Moraes, material parliamentary immunity is limited to statements related to the performance of the legislative function or made because of it.

FREEDOM OF EXPRESSION DISINFORMATION FAKE NEWS