In an interview with CNNEduardo Felipe Matias, a specialist in International Law, stated that the new decree that creates new rules for big techs opens a gap between crime and opinion.
Last month, President Luiz Inácio Lula da Silva (PT) signed two decrees for the operation of digital platforms, based on the STF (Supreme Federal Court) decision on provisions of Law 12,965 of 2014.
Among other points, the decrees detail the obligations of big techs in removing content and task the ANPD (National Data Protection Agency) with monitoring compliance with the measures.
“I think the first point is to question the scope of this decree. You are giving the ANPD a series of powers that would perhaps depend on laws. The first questionable point is this,” said Eduardo.
According to the expert, it is necessary to discuss crimes against democracy, as “they are serious crimes”, but “the problem is when they are confused with opinion”,
There is also a “second loophole” for Eduardo, which is “the possibility that the AGU may be able to question advertisements that are considered misleading when they go against public policies”.
“The internet has become a place conducive to fraud and scams, which is why the article is good, however, by opening the loophole that if advertising is against a public policy, the AGU can intervene. Intervening means notifying and the platform being forced to remove that publication? You give this body the power to question something that would be legitimate”, continued the expert.
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