President Luiz Inacio Lula da Silva (PT) has endorsed a proposal to regulate the Big Techs that authorizes the temporary suspension of digital platforms for up to 60 days, without the need for court decision, in cases of repeated breach of rules for removal of illicit content. The draft project, obtained by the newspaper Folha de S. Pauloshould be sent to Congress next week.
The measure provides for an initial block of 30 days, extendable for another 30, when there is a successive breach of determinations to withdraw publications that configure crimes already typified in the Penal Code and other laws. From this period, a new suspension would depend on judicial authorization.
The definition took place after a meeting at the Planalto Palace on Wednesday (13), in which there was divergence between ministers, according to the newspaper. An wing advocated the requirement of court decision to suspend networks; Another wanted to maintain the possibility of administrative blockade. Lula opted for an intermediate formula: suspension authorization for up to 60 days without justice intervention.
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Punishment scale
In addition to the blockade, the text provides for warnings, fines and other financial sanctions. Penalties will be applied after administrative proceedings, ensuring the right to defend the platforms.
According to the draft, digital service suppliers should immediately detect and remove illicit content published by third parties, in line with the “precautionary duty” adopted by the European Union. Among the crimes that require immediate removal are:
- domestic violence
- rape
- racism
- induction to suicide and self -mutilation
- violations against children, adolescents and vulnerable groups
- crimes against the democratic rule of law, such as coup, spying and political violence
The text emphasizes that the application of measures should consider context, informative, educational or critical purpose, satire and parody.
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Responsibility and structure in Brazil
The project maintains the liability of the platforms for damages resulting from illicit content, aligning the STF’s decision on the Internet Civil Mark. Large companies (with more than 3 million users) will have additional obligations, such as:
- interruption of content that threatens the integrity of elections and the democratic process
- Establishment of Legal Home or Representation Office in Brazil
- SAC (Consumer Care Service) Offer)
The inspection will be up to a new National Agency for Digital Data Protection and Services, resulting from the reformulation of the current ANPD, linked to the Ministry of Justice.
The document dedicates a chapter specific to the protection of minors in the digital environment. Minister Gleisi Hoffmann (Institutional Relations) defended the maintenance of these rules in the final text, conditioning them to the approval of a project on the topic that should be voted in the House next Wednesday (20).
