The Lula Government (PT) project establishes a scale of sanctions that includes warnings, fines and also the provisional suspension of platforms, for up to two months, without the need for court decision.
According to the proposal, access to these networks can be blocked for 30 days, extendable for another 30, in case of successive breach of rules for detection and removal of illicit content, which configure crimes already typified in the Penal Code and other laws. After that, the suspension will depend on judicial determination.
A Sheet It had access to the project draft, with more than 60 articles, which deal with rules for content removal, accountability of digital service suppliers, remuneration of influencers and specific standards for, among other topics.
The project should be sent to the National Congress next week. The regulation of the Big Techs has been in Lula’s focus since the beginning of the term, but has gained priority in the last weeks after the surcharge imposed by the president of, Brazil and the adultization of children.
President Lula evaluated the modulation of the proposed rules and sanctions, having arbitrated a divergence between members of a meeting on Wednesday (13), at the Planalto Palace. While an wing defended the need for court decision to suspend networks in case of repeated non -compliance with the law, another opposed.
A third proposal was presented, according to which the platform could be suspended for 30 days regardless of the determination of justice. Lula, according to reports, decided on the final formula: with suspension of up to 60 days without court decision.
Among the planned punishments are also in the investments of financial fines and sanctions. The idea of liability of the platforms was one of the points of debate during the meeting with Lula.
The understanding of the union’s general law and law firm that platforms must be responsible for damage arising from content or activity-in the line of what has already been deliberated by in June.
By the text, digital service suppliers must detect and immediately remove illicit content, published by third parties that characterize the commission of crimes. The proposed model is based on the so -called precautionary duty, applied by the European Union.
According to this proposal, the platforms have an obligation to contain the circulation of publications that configure crimes such as domestic violence, rape, racism and induction to suicide and self -mutilation, as well as violations of the rights of children and adolescents and other vulnerable groups.
Also part of this list includes the so -called crimes against the Democratic Rule of Law, which include attack on sovereignty or national integrity, spying, violent abolition of the Democratic Rule of Law, coup, interruption of the electoral process and political violence.
“The application of the measures provided for in this article will consider the context of publications and the eventual informative, educational or critical, satire and parody purpose”, emphasizes the draft to which the Sheet had access.
The fraudulent use of the identity of public persons, accounts or brands of governments at the three federative levels, without prior authorization, also integrates the list of illicit.
The government’s proposal also lists the duties of large companies (with at least three million users). The list of obligations includes, for example, the interruption of content circulation and activities that compromise “the integrity of the elections and the democratic process.”
Also according to the draft, economic groups must constitute, in Brazil, legal domicile or office of representation “to receive notifications and act with the administrative and judicial authorities of the country.” The proposal also requires the offer of SAC (Consumer Service).
The regulation and supervision of Big Techs would be in charge of a new regulatory agency, linked to the Ministry of Justice, from the reformulation of the ANPD (National Data Protection Authority), which would be renamed the National Agency for Digital Data Protection and Services.
During the meeting, Minister Sidônio Palmeira, from Secom (Secretariat of Communication of the Presidency), suggested including in the draft the expression “integrity of information” among values that must be observed by the platforms, along with concepts such as respect for the Democratic Rule of Law, legal order and consumer protection.
The document brings a chapter for the protection of children and adolescents in the digital environment. During the meeting with the president, Minister Gleisi Hoffmann (institutional relations) recommended that it be maintained in the bill to be sent to the Legislature, but with permanence conditioned to the approval of a bill that should be voted by the House of Representatives next Wednesday (20).
Collaborated Victoria Azevedo
