One of the industry’s concerns with the current text of PL 2630/20 is about targeted advertising, which can be considered illegal
Proposed as a way to contain disinformation and stipulate actions by social platforms and messaging companies, such as more incisive moderation policies, PL 2630/2020, known as the Fake News Law, has become a target of criticism from communication platforms. and market association.
Approved by the Federal Senate in June last year, the PL should be voted on in the Chamber of Deputies in the coming days, according to Arthur Lira, president of the House.
Among the main topics of the proposal are the creation of rules for content moderation, remuneration for media outlets that post content on the networks, definition of a criminal offense to combat the spread of fake news on the internet, requirements in cases where platforms take measures that later questioned and reversed and also that the companies have a legal representative in the country.
CEO of IAB Brasil, Cris Camargo said he was in favor of regulations to combat the sharing of fake news. For the executive, disinformation harms a healthy audience and successful publicity.
“But we realized that, as it is, the project puts at risk the stability of the Brazilian economy, our market and the sustainability of micro and small companies that depend on targeted ads to leverage their businesses, products and services,” he pointed out.
The current text of PL 2630/2020, according to Camargo, contains certain articles that hinder the scenario of technological development and communication, in addition to making targeted advertising unfeasible, making it illegal.
IAB Brasil’s concerns are related to articles 5, 6, 7, 12, 16, 17, 18, 19, 20, 21, and 25. Article 7, for example, would make targeted digital advertising unfeasible.
§ 1 The combination of the processing of personal data of the essential services of the providers with those of services provided by third parties is prohibited, when they have the exclusive objective of direct and indirect exploitation in the market in which it operates or in other markets”, says the first paragraph of the PL 2630/2020.
§ 2 The provider that stores and uses data of any nature in disagreement with the provisions of § 1 will incur an infraction provided for in the provisions of art. 36 of Law No. 12,529, of November 30, 2011.
The entity’s proposal is to exclude the two paragraphs, explains the CEO of the IAB. “Digital advertising is today the main channel for media investment in Brazil. In this sense, it is undeniable that the sector, in addition to creating thousands of jobs, promotes countless benefits for society”, she added.
CONSEQUENCES IN OTHER SECTORS
In 2020, digital advertising moved BRL 23 billion, with more than 90% of this total destined for ads with the intermediation of targeting platforms, a modality that would be unfeasible if the text of the PL is approved, explains Camargo.
She also revealed that the project, if approved, could impact other markets. “More than half of the advertising funds in the electronics and IT sectors (89%), agriculture (79%), clothing (75%), real estate (72%) and finance (55%) are destined for digital advertising”, he pointed out. .
ENTITIES AND PLATFORMS
IAB Brasil informed that it spoke directly to the parliamentarians and rapporteurs involved in the project in relation to the critical points for the sector. In addition, the entity stated that it started an awareness movement that aims to draw the attention of professionals and companies to PL 2630.
Earlier this Thursday (24), Google, Facebook, Instagram, Twitter, Mercado Livre and Instagram considered the current text a ‘threat to digital advertising’. The document, signed jointly, makes it clear that in addition to the sectorial issue in advertising, the approval of the PL, in the way it is being put, is a risk to economic stability.
