R$ 12 million is the value of the fine stipulated for the networks, which may even be banned
Platforms that refuse to extract profiles that incite violence will be fined BRL 12 million. Ordinance from the Ministry of Justice and Public Security issued last Wednesday (12) also provides for the suspension of activities, if the network ignores requests from the Federal Police to remove pages considered harmful.
A group was created by the agency to open investigations and dismantle imminent threats. The decision follows the murder of a teacher by a student in a classroom in So Paulo and the death of four children by a man who invaded a day care center in the city of Blumenau (SC).
In recent weeks, the attacks have been the subject of publications that instigated alleged attacks on schools posted on social networks. By forcing platforms to moderate content, the measure is questioned by those who believe it is a usurpation of power, and defended by those who hold platforms accountable.
“It’s not a question of censorship, but of adapting the platforms to the legislation. It is within the power of the State to regulate any type of activity that presents potential damage to fundamental rights”, analyzes Yasmin Curzi, researcher at the Center for Technology and Society (CTS ) from FGV Direito Rio.
While Bill 2630/20, which establishes the Brazilian Law on Freedom, Responsibility and Transparency on the Internet, known as the Fake News PL, has not been approved, the government imposes regulation on an emergency basis, in order to remove harmful posts more quickly. .
The Brazilian legislative choice focuses on the government’s new version of the Fake News bill. Based on self-regulation, the project places the platforms as the main actors in defining the code of conduct, and provides for a regulatory authority established by the Executive.
“This model of self-regulation worries me because, if we leave it alone in the scope of self-regulation, sanctions provided for in the legislation and stricter inspections would hardly be implemented. The platforms’ vested interests could overlap”, warns Yasmin.
Twitter becomes bigger target
In terms of the platforms, there are their own policies and reporting tools available to contain hate speech and violence. Facebook, WhatsApp, Instagram, TikTok, Discord, Telegram, YouTube and Kwai are in the government’s sights, which demands more effective efforts. But the main target of criticism was Twitter.
In a meeting held on April 10 with the government, Adela Gobena, representative of Elon Musk’s network, said that a profile with a photo of child killers (perpetrators of massacres in schools) did not violate the terms of use of the network and that this was not an apology for crime.
Repudiation campaign with hashtags Twitter Supports Massacres e Twitter Support Massacres, which was censored by Musk, gained immediate repercussions. The movement has the support of Sleeping Giants Brasil, Felipe Neto, Emicida and Daniela Mercury. Wanted, Twitter responds with a feces emoji.
The imbroglio drags on. On February 15, 2022, Facebook, Google, YouTube, Instagram, Twitter, TikTok, WhatsApp, Kwai and LinkedIn signed an agreement with the Superior Electoral Court (TSE) to combat misinformation in elections. At the time, Telegram was the only missing network. Denouncement channels, warnings of undue content and transparency reports were some of the commitments assumed at the time.
Revised
The Civil Rights Framework for the Internet determines the need for a court order to remove certain content, an excerpt that is under analysis by the Federal Supreme Court (STF). The law enacted in 2014 says that digital platforms cannot be held civilly liable for keeping content from third parties on the air that has not been the subject of a court decision, even if they have been notified by users.
Ricardo Campos, director of the Legal Grounds Institute, explains that Article 19 of the Marco Civil da Internet created a form of protection for companies, since the only word to determine the removal of content is given via court decision, explains the professor, who was appointed by the Ministry of Human Rights and Citizenship (MDH) to compose the working group to combat hate speech, extremism and misinformation.
