The bill’s rapporteur states that a new opinion is ready, but that it will be up to the mayor, Arthur Lira (PP-AL), to define the regulatory authority
The rapporteur of the Bill of fake news (2,630 of 2020), congressperson Orlando Silva (PC do B-SP), he said on Friday (July 21, 2023), in an interview with Power360that the definition of the regulatory body for digital platforms is the only impasse in the project.
The congressman said that the project’s opinion is ready to be presented after the recess – which ends on August 1st. However, he stated that the body’s determination will be made “Together with President [da Câmara] Arthur Lira and with the leaders of the House.
Watch the interview (33min58s):
According to the rapporteur, there are currently two proposals under analysis by congressmen:
- expansion of the competences of Anatel (National Telecommunications Agency);
- creation of an autarchy as proposed by the Special Commission on Digital Law of the Federal Council of OAB (Brazilian Bar Association).
“There is a proposal on the table that Anatel has this role [regulatório]. It is an agency that exists, has a career, has structure, has funding. It regulates telecommunications and radio broadcasting, themes that are somehow related to the matter dealt with in this bill. Therefore, Anatel is a proposal that is on the table”Orlando declared.
The OAB commission proposed to the rapporteur of the Bill of fake news the creation of the so-called Tripartite Brazilian System for the Regulation of Digital Platforms (full – 111 KB). The proposal defines that the autarchy has the assistance of 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-regulatory entity – legal entity with the attribution of deciding on specific cases of content moderation on digital platforms.
“We are still working, we are testing another way. The logic is structured, we have a digital policy council. It surely will. Its composition is debatable. And that is what we will have to listen to the leaders to hit the hammer”said the deputy.
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Orlando declared that he does not think it is feasible for the Judiciary to regulate, since the power must be “the resource limit to challenge the activity of a company such as those of social networks, messaging services and search engines”.
“It is necessary to have an administrative path, to issue a warning and to have fines before the judicialization and application of a heavier, tougher sanction. That’s why the architecture is already defined, which is a multisectoral council. […] Now, who exactly will do what, and who will compose this council, is the subject of decision by President Arthur Lira and the leaders”he stated.
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