Brazil’s online disinformation regulation bill: What’s at stake?

Brazil’s controversial measure to regulate disinformation online, Bill 2630/2020, has drawn criticism from tech giants like Telegram and Google, who argue that it encroaches on free speech and democracy. Proponents, however, claim that it is a vital defense against fake news and online extremism.

The bill, which was first introduced in 2020, aims to regulate how companies moderate content online. Currently, Brazilian law exempts internet companies from responsibility for third-party content, except when ordered to remove it by a court or in the case of specific types of content. The new legislation aims to increase transparency and requires companies to adopt rules to combat illegal content in seven areas.

The bill is partly based on the European Union’s recently adopted Digital Services Act and would apply to all social networks, search engines, and instant messaging apps with over 10 million monthly users. Companies would be required to hire external auditors to demonstrate their efforts in regulating content. Penalties would range from warnings and temporary suspensions to fines of up to 10% of revenue.

Tech firms, however, oppose the bill, arguing that it provides the government with censorship powers. In a message to its Brazilian users, Telegram warned that the legislation could lead to the end of free speech. Similarly, Google Brasil’s public policy director, Marcelo Lacerda, suggested that the bill could result in excessive content blocking and a new kind of censorship.

The current version of the legislation raises questions regarding its enforcement, with experts citing the removal of plans to create an independent regulatory agency. This has led to concerns that political, rather than technical, oversight could be adopted, which could be dangerous for free speech and democracy. The debate surrounding Brazil’s Bill 2630/2020 continues, with its future implications for online content regulation and censorship still uncertain reports Bangkok Post.