Leaders will decide on this 3rd whether to keep voting on the project; Lira suffers pressure to postpone
The vote of PL of fake news (2,620 of 2020) in the plenary of the Chamber of Deputies is scheduled for this Tuesday (2.May.2023), by agreement between the benches made last week, but it can be postponed for another time. There is no consensus among the government base that the project be approved.
Party leaders will have a meeting this Tuesday (May 2) with the text’s rapporteur, deputy Orlando Silva (PC do B-SP), and the President of the Chamber, Arthur Lira (PP-AL), to assess whether the PL will be guided.
“My expectation is that tomorrow the leaders’ meeting will be held and there will be an evaluation of when it goes to the agenda, if it goes tomorrow, if it goes another day. Because the decision is always made on voting day, listening to the leaders who have consulted the benches about the text I presented”, he said in an interview with Liberta Knowledge Institute.
The final version of the proposal was filed on the last of Thursday (27.Apr.2023). Here’s the full (577 KB). The bill proposes the regulation of digital platforms such as Google, Meta, Twitter and TikTok. It also extends parliamentary immunity on social media to congressmen and public officials.
The initial text of the project was approved in the Senate and has been pending in the Chamber since 2020. If approved, it will return for analysis by senators.
For Orlando Silva, the support base for the president Luiz Inacio Lula da Silva (PT) in the Chamber still does not have “solidity” to ensure project approval. The government is in favor of the proposal and made suggestions to the text.
The President of the Chamber, Arthur Lira (PP-AL), argues that the text be voted on, but there is resistance from the opposition, digital platforms and more conservative parliamentary fronts, such as the evangelical bench.
“Opposed to this proposal, Bolsonarism, the major digital platforms and party fronts, parliamentarians who have a more conservative character came together. Dealing with this class is not easy. […] In my opinion, the base of the government, which could support this measure, is still being formed, under construction”, said Orlando.
The National President of the Republicans, Marcos Pereira (SP), said on Saturday (29.Apr) that the acronym should vote against the project. He declared that, despite the adjustments, the proposal continues “bad”.
The president of the PL (Liberal Party), Valdemar Costa Neto, said on Monday night (1st May) that his party will not release the bench to vote in favor of the project. In your twitter profileValdemar stated that the party is advising affiliated congressmen to vote against the proposal, understanding that the idea was not discussed with the bench elected in 2022 and because it was not “stitched” an agreement of the PL to support the PT (Workers’ Party) – President Lula’s party.
Google is pressing against the proposal and this Monday included the text “The fake news PL can increase confusion about what is true or false in Brazil” on the main page of the search engine. The action was criticized by government supporters and defended by the opposition. the minister Flávio Dino (Justice) said he will file a lawsuit Senacon against Google and Twitter for “abusive practices“.
The Federal Public Ministry questioned Google and Meta about a possible favoring of content contrary to the PL. In a note, Google denied that has expanded the reach of pages contrary to the project.
UNDERSTAND THE PL DAS FAKE NEWS
The discussion gained prominence after the responsibility of big techs was questioned in cases involving publications with hate speech, condoning crimes or spreading false news.
Initially thought of as a way to contain the dissemination of proven false information, the bill now proposes the regulation of digital platforms, such as GoogleMeta, Twitter and TikTok.
Among the most relevant passages of the proposal are transparency reports, remuneration to journalistic vehicles, policy to combat misinformation, payment of copyright, among others.
Digital platform representatives argue that the text is vague and that companies already adopt mechanisms to inhibit the spread of misinformation. Orlando Silva, however, states that one of the main changes proposed by the PL is the “accountability of digital platforms”. Among other measures, the text holds companies accountable for damages arising from sponsored (paid) content. “If there is sponsorship, there is co-responsibility”, says the rapporteur.
Read the project highlights below:
LIABILITY OF PROVIDERS
Target of disputes by the platforms, this item provides for the accountability of big techs for damages caused by improper publications published by users.
The text also says that when there is sponsorship of misinformation, that is, when a user pays the platform for the content to be delivered to more people, the company will be co-responsible and should be held accountable.
Before, platforms were exempt from being responsible for third-party content.
To the big techs they will also have to systematically identify and assess the risks of their services and related systems, such as algorithms, as well as install a “security protocol” if an imminent risk of damage is identified for a period of up to 30 days, with an extension of another 30 days .
As for promoting content, platforms must “mitigate” illicit and criminal content such as terrorism, an attack on the democratic rule of law, violence against women, children, adolescents and the elderly, as well as incitement to hatred, racism or any other type of violence.
NOTIFICATION OF USERS
In case of non-compliance with the rules by a user, providers must establish a system for notifying users of the causes and the way in which the content was suspended, in addition to the procedures and deadlines for exercising the right to request a review of the decision.
The Law also determines that companies must keep the identification of the lawsuit that resulted in the moderation of content, except in confidential cases.
TRANSPARENCY
The topic of the PL that ensures transparency between the company, users and the government is the preparation of half-yearly reports with information on content moderation procedures and an annual external and independent audit to assess compliance with the provisions of the law.
As most regulated platforms are foreign, the PL determines that they must make the terms of use available in Portuguese and “in an accessible way, with clear, public and objective information, with the exception of industrial and commercial secrets”.
They must also explain the content recommendation systems, subject to commercial and industrial secrets, in the terms of use.
ADVERTISING
From now on, not just any user will be able to promote ads within the platforms. According to the text, advertisers who want to promote advertising will have to present a valid document in the national territory. The measure prevents false content or scams from spreading easily.
Big techs should also make available information on the history of advertising content with which the user had contact in the last 6 months.
REMUNERATION FOR JOURNALISTIC CONTENT
According to the text, journalistic content used by providers produced in any format, including text, video, audio or image, must be remunerated.
The company with at least 2 years of formation and that produces “original journalistic content on a regular, organized, professional basis and that maintains a physical address and responsible editor in Brazil”.
COPYRIGHT
Now, content protected by copyright and related rights used by social networks can be remunerated by providers.
The excerpt was included by the rapporteur Orlando Silva and ensures artists are paid for reproducing content protected by copyright law on digital platforms.
Last Tuesday (25.Apr.2023, artists such as Marisa Monte, Gloria Pires, Paula Lavigne, Caio Blat and Frejat were at the Chamber of Deputies to talk to party leaders and ensure the inclusion of the excerpt.
PROTECTION OF CHILDREN AND ADOLESCENTS
One of the focuses of this item is to limit advertising aimed at this audience. The law defines that “providers must create mechanisms to prevent the use of services by children and adolescents”, when it is not appropriate for this public. In addition, it prohibits the creation of “behavioral profiles of children”.
It also prohibits the creation of behavioral profiles of child and adolescent users based on the collection and processing of personal data.
MESSAGING APPLICATIONS
Instant messaging platforms, such as Whatsapp and Telegram, must “automatically disable inclusion in groups and transmission lists” and “guarantee privacy and design their platforms to limit the mass distribution of content and media, and for this purpose” .
In addition, these networks must –when there is a court order– keep “sufficient information” to identify the 1st account denounced by other users when it comes to sending illicit content
This excerpt from the law directly reflects the case currently in vogue in which the Federal Court of Espírito Santo blocked Telegram in Brazil after the platform did not deliver to the PF (Federal Police) information about Nazi and neo-Nazi groups published on social networks.
PARLIAMENTARY IMMUNITY ONLINE
The parliamentary immunity of politicians will extend to the digital environment. For example, as a congressman cannot be condemned for an opinion in the plenary, he cannot be condemned for possible irregular comments either. online.
However, even with parliamentary immunity, politicians can be prosecuted by the stf (Federal Court of Justice).
Brazilian politicians will no longer be able to block other users because their accounts, according to the text, will be considered of “public interest” and need to be open to anyone who wants to access.
PROCESSING
On April 25, deputies approved the urgent request for the PL. The vote had 238 in favor and 192 against – here is the table with the vote of each congressman.
The project was approved in the Senate and has been pending in the Chamber since 2020. Read here the full text (194 KB) of the 1st proposal presented to Congress on July 3, 2020.
The text had adjustments, so if it is approved in the House, it will return to the Senate for analysis.
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