“Fake News PL privatizes censorship”, says jurist specializing in freedom of expression

Jurist André Marsiglia stated this Tuesday (9) that bill 2630/2020 – which has been called the “Censorship PL” and “Fake News PL” – is a way for the State to “privatize censorship”. This would happen because despite the name by which it is known, the PL does not establish the criteria for content to be classified as fake news or misinformation, leaving this responsibility to the platforms.

The regulation of social networks was once again defended by President Luiz Inácio Lula da Silva (PT) and Minister Alexandre de Moraes, current president of the Superior Electoral Court (TSE), during the “Unshaken Democracy” event held to mark one year of the acts January 8, 2023.

Moraes stated that there is “an urgent need to neutralize one of the great modern dangers to democracy: the instrumentalization of social networks by the new extremist digital populism”. For Marsiglia, who is a constitutional lawyer and specialist in freedom of expression, “based on the speeches at yesterday’s event, ‘fighting fascism’ and ‘networks being no man’s land’ continue to be the motto for regulating networks”. The lawyer highlighted that this “is a technically superficial and incorrect view of PL 2630/20”.

“The PL does not consider fake news, disinformation, anything. Just transfer to big techs the obligation to combat illicit speech. But what is illicit speech? The project doesn’t say. Obviously, in the midst of subjectivity, for fear of fines and for fear of making mistakes, companies will take down much more content than they should. In other words: censorship. The key to censorship on networks leaves the hands of the State for the platforms. The PL privatizes censorship”, highlighted the jurist in a publication in social network.

For Marsiglia, “if the authorities really wanted to regulate the networks, as in Europe, they would make a PL that required transparency about the distribution of content carried out by the platforms and not control of the user’s individual content”. Last month, deputy Orlando Silva (PCdoB-SP), rapporteur of the Fake News PL, stated that he will resume negotiations on his opinion on the proposal after the legislative recess.

In his speech this Monday (8), Moraes pointed out that “extremist digital populists, enemies of democracy” instrumentalized social networks, and these, “seeking profit, did nothing to stop it”. The minister said that “this new reality requires the immediate regulation and control of disinformation, not only in defense of Democracy, but also in protecting the dignity of the human person”.

Marsiglia stated that “yesterday’s speeches set the tone that the approval of the PL intends to be done to control the speech, without debate and under pressure”. Bill 2630/2020 has been stuck in the Chamber since the beginning of May, when the rapporteur requested the postponement of the analysis. Federal deputies resume work in February.