Bill tries to create crimes of censorship and platform confiscation

Deputies presented, this Wednesday (10), a bill that intends to include crimes of censorship and platform confiscation in the Law of Abuse of Authority. The text also adds, among the crimes of responsibility (of which one of the penalties is impeachment), the act of determining the removal of political or ideological content from platforms or other means of dissemination.

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According to the deputies’ justification, the proposal is a reaction to recent decisions by the government and the Federal Supreme Court (STF) that violate the right to freedom of expression protected by Brazilian law, mainly in two provisions of the Federal Constitution, item IX to article 5 and article 220.

Among the examples of these violations, the deputies mentioned the government’s notification against Google, with the threat of a fine of R$ 1 million per hour, if the company did not remove from the air a text in which it presented the reasons why it was against the approval of the Bill 2630, known as the Fake News PL. The threat of suspension of Telegram, by Minister Alexandre de Moraes, also because of a publication in which the platform pointed out the risks of censorship in PL 2630, and the subpoena of company directors to testify to the Federal Police are also mentioned.

The crime of censorship is described as: “Determining the withdrawal or alteration of content, publications and manifestations of a political or ideological nature, arranged on private property or that of consensual third parties, in digital or physical media.”

The crime of platform confiscation will consist, if the project is approved, of determining “the suspension, prohibition or embarrassment of the activity of digital platforms due to content, publications and manifestations of a political or ideological nature.”

The proposed penalty for both crimes is from one to four years and a fine.

In total, 57 deputies signed the proposal. Among them are Deltan Dallagnol (PODE/PR), Marcel van Hattem (Novo/RS), Luiz Philippe de Orleans e Bragança (PL/SP), Diego Garcia (Republicanos/PR) and Gilson Marques (Novo-SC).