Text sent to the rapporteur of the bill of fake news proposes the Brazilian Platform Regulation System with members of agencies
A OAB (Ordem dos Advogados do Brasil) forwarded a proposal for the creation of a regulatory body for digital platforms to be added to the text of the PL of fake news (2,630 of 2020). The text was sent through the institution’s CFOAB (Special Commission on Digital Law of the Federal Council) to the project’s rapporteur, deputy Orlando Silva (PC of B-SP).
The document sent this Saturday (13.May.2023) says that the project for the regulation of platforms in Brazil “it cannot come unaccompanied by independent bodies with the task of supervising compliance”. Here’s the full of the proposal (111 KB).
In this sense, the commission proposes to Deputy Orlando Silva that the so-called tripartite Brazilian System for the Regulation of Digital Platforms be created, with representatives of agencies that would have the following responsibilities:
- Digital Policy Council – body responsible for overseeing and applying the guidelines established for the platforms; there would be 9 members to be appointed by the Three Powers, by Anatel, by Cade, by ANPD and by the federal OAB;
- Internet Steering Committee in Brazil – would have the role of promoting the debate on the subject in Brazil through studies, recommendations and guidelines;
- self-regulation entity – legal entity with the responsibility of deciding on specific cases of content moderation on digital platforms;
“We understand that there is an important consensus that the task of implementing this complex legislation permeates the pluralization not only of the views present in the public debate, but also of the actors involved in it, especially with regard to the institutional spheres of power”stated the text.
The document was signed by the president of CFOAB, Laura Schertel Mendes, by her deputy, Fabrício da Mota Alves, and by the secretary general of the commission, Ricardo Campos.
The text does not provide details on how these control mechanisms will be financed.
WHAT SIGNATORIES SAY
In an interview with Power360the representatives of the Special Commission on Digital Law of the Federal Council analyze which would be the best way out regarding the determination of a body responsible for the supervision and regulation of digital platforms based on the PL of fake news.
The vice-president of the commission and partner of Serur Advogados, Fabrício da Mota Alves, indicated that the proposal presented by the commission is aimed at defining a body to regulate the platforms within the PL of the fake newsand not through a presidential decree – as is currently thought.
“The definition by the Executive via decree does not seem to be the best way. This is a subject that involves a very dear value to society, which is freedom of expression. This decision must come from the representatives of the people, which is Congress. The determination by decree can be changed at any time, without necessarily going through a discussion in the House and Senate. This takes away impartiality.”he said.
Fabrício highlighted that the proposal delivered to Deputy Orlando Silva was based on “with the best of intentions” and what would it be, in your view “the most ideal solution”.
“We propose a system that has attributions to regulate the platforms, but with minimal participation by the State. This gives a lot of room for balance, maneuver towards individual adequacy and issues.”he stated.
As for the executive secretary of CFOAB, Ricardo Campos, the “ideal” for determining the regulatory body of the platforms is the “efficiency and lowest cost”and this would happen through the creation of a superintendence for the theme within the Anatel (National Telecommunications Agency).
“The proposal for the creation of the [apresentada pela OAB] it borrows people from other agencies who already have occupations and lots of work. That is, this would be a 2nd position. With this, the specialization and dedication that the subject deserves is not generated”he stated.
The executive secretary of CFOAB, who is also director of the Legal Grounds Institute and professor at the Faculty of Law at the Goethe Universität Frankfurt am Main, pointed out that it would be necessary to create a superintendence within Anatel and increase the council of civil society within the public department.
“Starting a new agency from scratch with borrowed people will be very difficult to achieve effectiveness and efficiency in the medium term. Anatel, on the other hand, has the structure, the body of specialized candidates and the regulatory expertise. As a result, the agency could start work more quickly.”he said.
Finally, the expert said that “the regulatory body should be linked to the regime of regulatory agencies to avoid proximity to the government.”
“The regime of regulatory agencies is endowed with greater independence, and in our context the most efficient would be Anatel since it already regulates communication. They are qualified professionals and have a structure of people who have been technically working there for over 25 years, that is, they have been through more than 3 governments”he added.
Regarding the regulation of platforms through Anatel, Fabrício da Mota stated that the agency would be the best option in “absolute lack of options.”
“We don’t have any body today that has this capacity, as this is an unprecedented subject. Any body that is assigned this competence will need to go through a learning process”he stated.
Although he does not recognize that Anatel is ready to cover this issue, Fabrício said that the agency “in fact, it is already a robust structure, with directors with a mandate and impartiality, as they are career civil servants. The agency has expertise in monitoring and punishing, even though it is focused on telecommunications. Its directors and employees are not used to dealing with issues as sensitive as fundamental rights, and in particular, freedom of expression itself.”
O Power360 got in touch with the president of the commission, Laura Laura Schertel Mendes. However, the specialist was unable to contribute to the report. The space remains open for demonstrations.
WHAT THE OAB SAYS
By means of an official note, the Order of Lawyers of Brazil stated that it discusses the theme, which has a “urgent” For the country. The text signed by the president, Beto Simonetti, highlighted that issues related to media regulation in Brazil are discussed beyond the CFOAB.
Here is the full note:
“The Brazilian Bar Association (OAB) understands that the fight against misinformation and fake news is an urgent matter. Therefore, several commissions of the OAB are debating the subject. Today, an important proposal prepared by one of these commissions, which deals with digital law, was made public. However, the OAB will only have a definitive position when the internal debate is exhausted and the topic is submitted to the entity’s plenary, which will occur in the next plenary session, on May 22.
Beto Simonetti, national president of the Brazilian Bar Association (OAB)”
#OAB #suggests #creating #regulatory #body #platforms