Lula government discusses plan B for internet regulation – 7/2/2023 – Power

Although they do not publicly admit it, wings of the Lula government (PT) say they do not believe that the regulation of the internet discussed in bill No.

The main concern is to approve rules for the digital election campaign by October of this year, so that they can be applied in the 2024 municipal elections. By the principle of annuality, to be effective in the election, the changes need to be approved at least one year in advance.

The government is starting to articulate itself to implement its priorities in an electoral mini-reform to be voted on by the National Congress. Among the points would be aspects of the “police power” resolution by Minister Alexandre de Moraes, at the TSE (Superior Electoral Court), of October 20 last year: shorter deadlines and higher fines for platforms to remove certain content in the periods immediately before and after the election and the ban on online electioneering during the period.

In addition, the government would like to include the need for big techs to maintain libraries of political announcements in real time, with greater transparency.

In the view of a wing of the Planalto, it will be easier to approve an electoral mini-reform than the new Electoral Code. The project suffers a lot of resistance in Congress with two very controversial points —the loosening of the rules of accountability of the candidates and the reduction of the power of the Electoral Justice to regulate the elections.

In addition to the electoral front, the idea is to increasingly use Senacon (National Consumer Secretariat) of the Ministry of Justice to frame the platforms while regulation is not approved by the Legislature.

In the wake of attacks against schools, Senacon issued an ordinance, on April 12, which foresaw the suspension of activities in Brazil on social networks that did not take measures to combat content that advocated violence and threats. The Ministry of Justice ordinance also provided for fines of up to R$ 12 million for companies that do not follow the new regulations on the subject.

Senacon also opened preliminary investigation procedures for the Google, Meta/Facebook, TikTok, Twitter and Kwai platforms, on April 13, and Telegram on April 20. The platforms sent information, which is under review. Proceedings may result in conduct adjustment terms with mandates for changes to platform policies.

In 2022, still in the Bolsonaro government, the secretariat had instituted an administrative process against TikTok, with the determination of removals of content harmful to the safety of children and adolescents on the platform. The ministry negotiates a conduct adjustment term with the platform.

According to the department’s secretary, Wadih Damous, many of the violations in the digital world involve clear consumer relations between platforms and users, and it is natural for the department to act more frequently. This would apply to both misleading advertising on platforms, content harmful to children and incitement to violence.

The idea is to sign TACs with all platforms, according to Senacon. “We are going to accelerate the use of this instrument, we want to negotiate good practices with the platforms”, says Damous.

The government is also awaiting the decision of the STF (Federal Supreme Court) on two extraordinary appeals, which may lead to the flexibility of the Civil Rights Framework for the Internet. The decision was scheduled for June, but was postponed.

Fernando Neisser, president of the Electoral Law Commission of the São Paulo Lawyers Institute, thinks it is reckless to try to approve a mini-electoral reform at this moment.

“There was no discussion about it, there are no commissions, and every time we have this situation we end up surprised by a bill made in a hurry, on the eve of the deadline, with very bad changes, loosening controls”, he says.

He says he believes that last year’s TSE resolutions can be consolidated at the end of the year and be valid for 2024.

The rapporteur for the Fake News PL, Deputy Orlando Silva (PC do B-SP), should issue a new report on the proposal in the coming weeks or after the parliamentary recess. But one point remains open – the regulatory body.

Wings from the MDB, PSD and the evangelical bench defend that Anatel be the body in charge of monitoring and enforcing the new rules for internet platforms. Gaining the support of these groups would be important.

Civil society organizations and part of the government, however, oppose the choice of the agency, which they consider “captured” by the interests of large telecommunication companies and parliamentarians.

Voting on the project was postponed in April because Orlando and the President of the Chamber of Deputies, Arthur Lira (PP-AL), calculated that they would not have enough votes.