Moraes summons Brasil Paralelo and Big Techs to testify after criticism of the Fake News PL

The Minister of the Federal Supreme Court (STF) Alexandre de Moraes determined this Tuesday (2) that the Federal Police take depositions from the presidents of the companies Google, Meta (Facebook, WhatsApp and Instagram), Spotify and Brasil Paralelo. The magistrate gave a period of five days for the holding of hearings.

The decision comes in the wake of government measures to contain the big tech offensive against Bill 2630/2020, known as the Fake News PL.

For the minister, the conduct of companies can configure, in theory, not only abuse of economic power on the eve of voting on the bill by trying to illegally and immorally impact public opinion and the vote of parliamentarians, but also flagrant inducement and instigation to the maintenance of several criminal conducts practiced by the digital militias”.

Moares determined that the presidents of the platforms clarify in a statement to the PF “the reasons for having authorized the use of the mechanisms narrated in this decision that may, in theory, constitute abuse of economic power, as well as, eventually, characterize an illicit contribution to the misinformation practiced by the digital militias on social networks”.

“Providers of social networks and private messaging services owe absolute respect to the Federal Constitution, the Law and the Brazilian Jurisdiction. The dignity of the human person, the protection of the lives of children and adolescents and the maintenance of the Democratic State of Law are above the financial interests of providers of social networks and private messaging services!”, he pointed out.

In the decision, the minister cites a study by the left-wing entity NetLab, from the Federal University of Rio de Janeiro (UFRJ). According to the study, “The data suggest that Google has been using search results to negatively influence users’ perceptions of the bill.”

Moraes also ordered platforms to remove ads and texts against PL from Fake News, under penalty of a fine of BRL 150,000 per hour for non-compliance with the measure. Companies have 48 hours to send the Supreme Court a “detailed report on the announcements made and amounts invested, as well as the terms suggested by the Google search engine on the subject”.

Platforms have 48 hours to explain the boost in searches related to the Fake News PL. Companies must explain “the methods and algorithms for boosting and inducing searches on ‘PL da Censura’”.

In addition, they must inform the Court “which real and concrete measures – sending protocols and documents that prove the allegations – that they take to prevent, mitigate and remove illicit practices within the scope of their services and in the fight against disinformation of content generated by third parties. ”.

Among the contents that must be mitigated, the minister points out behaviors regarding anti-democratic acts; disclosure or sharing of facts known to be untrue or seriously out of context about the electoral process; serious threat against public officials or against the physical infrastructure of the State or the violent abolition of the Democratic State of Law; hateful behavior or speech, including promotion of racism, homophobia, Nazi, fascist or hateful ideologies against a person or group; acts of terrorism and preparatory to terrorism; crimes against children and adolescents or apology for criminal fact; and violence against women.