The Luiz Inácio Lula da Silva (PT) government decided to move forward with regulating digital platforms in Brazil and published this Wednesday (20) two new decrees that expand the duties of big techs in content moderation and combating online crimes.
The measures were signed by the president during a ceremony at Palácio do Planalto on the 100 days of the Brazil National Pact Against Feminicide.
The texts change rules linked to the Marco Civil da Internet and create new guidelines to protect women in the digital environment. In practice, the government tightens mechanisms for holding platforms accountable in cases of fraud, scams and virtual violence.
The change comes months after the Federal Supreme Court (STF) reviewed the understanding of the responsibility of technology companies for content published by users.
One of the main changes foreseen by the decree is the possibility of holding platforms responsible even without a prior court decision to remove content in certain situations.
Until then, the Marco Civil da Internet established that companies could only be held civilly liable if they failed to comply with a court order to remove the material.
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The STF, however, judged this section of legislation partially unconstitutional last year, opening space for a model of greater accountability for technology companies.
The new decree regulates this understanding and establishes parameters for preventive action by platforms in the face of content considered criminal.
According to government officials, the measure was motivated by the increase in digital scams, financial fraud and virtual attacks aimed mainly at women and teenagers.
Digital violence enters the center of regulation
The second decree signed by Lula creates specific obligations for platforms in cases of online violence against women.
The new rules establish guidelines for prevention, rapid response and protection mechanisms in situations involving exposure, threats, virtual stalking and gender-based violence content.
The government intends to detail companies’ duties in removing offensive content and creating more efficient reporting channels.
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The initiative was presented by Planalto as part of the strategy to combat feminicide and violence against women in digital environments.
Debate on regulation gains new stage
The measures should expand the dispute between the government, Congress and technology companies over the limits of regulation of digital platforms in Brazil.
In recent years, proposals related to holding big tech companies accountable have faced resistance from companies in the sector and opposition parliamentarians, arguing that they pose a risk to freedom of expression.
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Planalto, on the other hand, maintains that the advancement of virtual scams, violent speeches and coordinated attacks requires greater accountability from platforms and faster action in removing illicit content.
