Some content forms a combination prone to addiction
and cause harm
The practice of cyberbullying is now a crime covered by the Penal Code. Sanctioned by the President of the Republic, Luiz Incio Lula da Silva (PT), and published in the Official Gazette of the Union this Monday (15), Law 14,811, of January 12, 2024, establishes the National Policy for Preventing and Combating Abuse and Sexual Exploitation of Children and Adolescents and amends the Heinous Crimes Law and the Child and Adolescent Statute.
Anyone who systematically promotes illegal harassment on social networks, applications, online games or in any area in the digital ecosystem will be punished with a fine and imprisonment for two to four years. Bullying also became a violation typified by the Penal Code, but only provides for a fine.
Now, the infractions provided for in the Child and Adolescent Statute (ECA) are considered heinous crimes, when the accused cannot receive amnesty, grace, pardon or bail.
Using the internet to instigate or induce suicide or self-mutilation is one of the practices transformed into a heinous crime. It is not necessary for the victim to be a minor. The current sentence, from two to six years in prison, can be doubled if the perpetrator is responsible for a group, community or virtual network.
Result of the bill (PL 4,224/2021) presented by deputy Osmar Terra (MDB-RS) and reported in the Senate in December by senator Dr. Hiran (PP-RR), the changes arrive at a time when the debate on the limits of the algorithms that support social networks is becoming increasingly fierce.
Social networks have been present in people’s lives for 20 years. In January 2004, Turkish engineer Orkut Buyukkokten launched Orkut, later acquired by Google and deactivated in 2014. A month later, Facebook came, which dominated the territory now also inhabited by Instagram, WhatsApp, TikTok, X (formerly Twitter ), Threads, LinkedIn and Pinterest, among others.
The popularization of the internet for social engagement was overwhelming. And it didn’t stop just with the search for friends. Opinions, complaints and demonstrations of all kinds gained voices previously silenced by the unilateral communication system of companies and public bodies.
Soon, the lifestyle exhibition became one of the favorite topics for posting lives through interactions. Travel, restaurants, shopping, declarations of love, success at work, the perfect body. The screens materialized aspirations that were increasingly used to show off a fake world, in fact, prophesied in The Truman Show – the show of life.
The 1998 film describes the routine of Truman Burbank, played by Jim Carrey, who experiences an artificial life, orchestrated by television producers for millions of people. It was also the harbinger of reality TV surveillance.
Today, algorithms operate in favor of controversies that generate audience and help support the platforms’ business model. Social networks are designed to maximize interaction and length of stay, and can lead to the stimulation of behaviors associated with controversial and sensationalist content, analyzes Andr Miceli, MBA professor at FGV.
The happiness displayed with each post became a trap, today confirmed by the users themselves. A group of more than 30 North American states sued Meta because they consider that its platforms, Instagram and Facebook, use resources to attract and addict young people and children, profiting from the dissemination of harmful content.
Combined with certain techniques, some content forms a combination prone to addiction and causing harm. There is no doubt that there are online products that are addictive, such as social networks. There are technical works that explain this, there are neuroscience techniques to make people addicted to scrolling up content and spending hours on end in front of a screen, confirms Marcelo Crespo, coordinator and professor of undergraduate and postgraduate courses in law. ESPM.
According to the scholar, the problem goes beyond technology and the existence of social networks. The moment demands responsibility in caring for people’s safety and mental health. It is not possible to speak in an extremely objective way about the limits of algorithms, but it is possible to outline content that should have greater limitations in dissemination, explains Crespo. Restrictions already imposed on tobacco and alcohol industry advertising can guide the transition to a safe online environment.
In Miceli’s opinion, the accusation associated with addiction is plausible given the power of influence of algorithms to interfere in behavior, infer and manipulate people. The business model is done this way. Society, and not technology, will establish the ethical, moral and regulatory limits that will inevitably appear for algorithms, ensuring that they promote or, at least, increase the chances of promoting content that does not harm vulnerable groups, assesses Miceli .
Professor Lus Guedes, from FIA Business School, shows more evidence. Engineers and other professionals who design and train social media algorithms use advanced, data-driven techniques to increase user engagement, often prioritizing content that provokes strong emotional reactions, such as hate speech or controversy, he reinforces. Notifications, infinite content formatted for each user and intermittent rewards are some of the devices commonly implemented to capture users’ attention.
extreme consequences
It’s no surprise that the most engaging topics are often linked to hateful speeches, defamation, violence and gossip. One of the lies led to the death of Jssica Vitria Canedo, aged 22, in the city of Araguari (MG), on December 22, 2023.
The student’s untrue conversations about an alleged relationship with comedian Whindersson Nunes were published by gossip networks. Even though it was denied by both sides, the fake news was kept on the air, causing an avalanche of offensive messages directed at Jessica, who was already struggling with depression.
This happened because people attack other people too. There is a lot of blame on everyone’s part. We don’t want any more victims. The top of the pyramid is wrong, which profits from it, comments Whindersson Nunes in a video on Instagram. The influencer committed to following the investigations and starting a movement to create the Jssica Vitria Law. The intention is to improve Brazilian standards and neutralize unofficial journalism, which is very dangerous, warns Whindersson.
False news triggers, Garoto do Blog and Choquei, the latter with more than 20 million followers on Instagram, are some of those investigated by the Civil Police of Minas Gerais, which is considering the possibility of framing those involved in the crime of inducing suicide. Choquei goes through a deep process of internal reassessment of the methods adopted with a view to implementing filters and codes of conduct to prevent episodes of this nature from happening again, the profile wrote in a note.
Both pages were part of a Mynd project called Banca Digital, which brings together around 30 gossip and humor profiles on Instagram. The Choquei profile is no longer part of Mynd’s casting. Blog Boy is now away from our commercial activities until the case is concluded. Mynd, as an influencer marketing agency, exclusively handles the intermediation of advertising sales on social media profiles. Mynd does not participate at any time in defining the editorial content of any profile, the company argues, after videos and documentaries speculate about the manipulation of content on the pages managed by it.
The profiles are independent and managed by their owners, who define any and all content, reiterates the agency led by partners Ftima Pissarra, Preta Gil, Carlos Scappini and Marcus Buaiz. Mynd operates in image management, partnerships with brands and development of individual strategies for more than 400 names.
Through an integrity committee, created three years ago, the company claims to act against the dissemination of fake news and incitement to hatred, as well as virtual lynchings. We deeply regret the case that occurred with Jssica Canedo and offer all our solidarity to the family, declares Mynd, which also says it is making efforts to ensure that the influence marketing and news sector is regulated as soon as possible, with strict rules to avoid any situation like this. type or in any other format that does not follow freedom of expression, respect and truth.
Parliamentarians filed a request to establish a Parliamentary Commission of Inquiry (CPI) and report to the Federal Supreme Court (STF), Superior Electoral Court (TSE) and Attorney General’s Office (PGR) in order to investigate the work carried out for the influencers represented by the Mynd.
You will repair
The heightened anxiety over counting likes and frustration with reality are just some facets of the digital environment, which has also declared the end of business in several segments. Others entered a crisis that continues to this day. The media is an example. But some repairs are beginning to be made. Google has committed to paying R$362 million per year to the Canadian communications industry and media platforms for the use of content.
The essence of Google is to create products to help people and businesses achieve a greater goal. This is what we do every day around the world and in Brazil since our arrival in 2005. Brazilians are among the main consumers of our products and platforms, with more than a billion users, reports Google.
The technology company remembers that, on the other side, there are Brazilian companies of the most diverse sizes, which use their advertising platforms to reach audiences and sell products and services, activating the economy. Our services helped generate R$153 billion in Brazil in 2022, according to the latest Economic Impact Report, released in June last year, responds to the company.
Digital advertising totaled investments of R$16.4 billion in the first half of last year, an increase of 11%, according to the Digital AdSpend study, by the Interactive Advertising Bureau (IAB Brasil) and Kantar Ibope Media.
The agreement with Canada can be seen as a recognition, on the part of Alphabet, owner of Google, of the importance and value of the content generated by the communications industry, reflecting the effort to create a more balanced global digital ecosystem, where big techs contribute to the sustainability of sectors naturally affected by their operations, notes Miceli, from FGV.
The effort to balance the interests and impact of big techs in the distribution of media content and online advertising is also cited by Crespo, from ESPM. The scenario reflects the complexity and divergences of opinions within the technological sector on how to deal with these issues, as it is difficult to guarantee the values lost by communication companies due to the distribution of digital content, he attests.
In any case, the measure supports the communication industry’s value offer, anchoring quality journalistic production to the detriment of content created just to gain engagement. Governments are increasingly likely to regulate big tech to balance the power of digital platforms with the interests of society. This agreement could be a model for other countries, comments Guedes, from FIA Business School.
But the academic makes a reservation. This type of State behavior opens up a dangerous possibility of risk of government control over the media. Even if the initial intention is positive, I suspect that there is no positive intention in this arena, but it is possible that there is. We do not know what contours this control may have in the future, he points out. The expert also highlights that the agreement is not clear about the destination and how the money resulting from the fine will be distributed.
Google’s competitors disagree with the initiative, but the debate is becoming increasingly fierce. In the United States, The New York Times sued Microsoft, owner of Bing, and OpenAI, owner of ChatGPT, for using articles and content without the newspaper’s permission to train artificial intelligence models. According to the North American publication, non-compliance with copyright rules would be inciting competition with the NYT’s own content, compromising investments made in journalistic activity and reducing sources of revenue.
Read the full report in the print edition of January 22nd
