Request 2721/2021 | Urgent consideration of the Censorship Bill | House of Representatives

This refers to Bill 2630/2020, which establishes the Brazilian Law of Freedom, Responsibility, and Transparency on the Internet – popularly known as the "Fake News Bill" or " Censorship Bill ".

In short, the legislative proposal addresses the regulation of providers (social networks, search engines, and instant messaging); remuneration for journalistic content; digital advertising; the crime of fake news; promotion of education for internet use; protection of children and adolescents; joint liability of providers; among others. It should be noted that the substitute bill under analysis, lacking reasonableness and clarity, and under the false pretense of protecting public order, the reputation of others, and morality, as well as promoting knowledge, restricts and regulates freedom of expression; interferes with strategic assets and business methods; and impacts the freedom of free enterprise.

Indeed, it is evident that technological advancements, especially the emergence of social media and other mass communication platforms, raise concerning questions about how to preserve the ideals of freedom of expression, promote the diversity of voices and ideas, protect children and adolescents, and, in particular, discourage the spread of knowingly false news and propaganda. In this respect, it is necessary to acknowledge that social media platforms do not disregard or fail to give importance to the concerns expressed in the justification of the proposal.

The current self-regulation approach demonstrates that platforms are part of the solution: Meta, Twitter, YouTube, Google, and other technology companies signed an agreement with the Superior Electoral Court (TSE) last year to combat disinformation in the 2022 elections¹, as well as signing European Union Codes of Conduct against hate speech² and disinformation³ on social media, in which they commit to using commercially reasonable efforts to combat the identified problems. Furthermore, WhatsApp has limited the forwarding of messages⁴ to contain disinformation about the coronavirus⁵. Additionally, we recall that these platforms, by facilitating debate on matters of public interest, play a role of utmost importance, and in some cases, can also act as a "watchdog" for the Public Authorities.

In this sense, it is important to clarify that freedom of expression, one of the essential foundations of a democratic society, applies not only to information or ideas considered favorable, harmless, or similar, but also to those that offend, shock, or disturb the State or any sector of society. Thus, it is important to emphasize the need for extreme caution before suggesting that the right to freedom of expression offers little protection for the dissemination of information and opinions, even dissenting ones, on social media. In any case, it should be noted that truth is a subjective concept, constructed in an environment of competing theories. Thus, the following question remains: who defines what is in fact untrue? It seems to be the Brazilian State.