Rapporteur of the Fake News PL and Minister of Justice defend regulatory agency for social networks – 03/13/2023 – Power

The rapporteur for the fake news bill, deputy Orlando Silva (PC do B-SP) mentioned, this Monday (13) the need to include in the new internet legislation a regulatory body that acts in parallel with the self-regulation of platforms, in which is known as regulated self-regulation or co-regulation.

With this, companies would be in charge of designing their policies and rules and applying them, but would be subject to the supervision of a regulatory body.

“The self-regulation of digital platforms proved insufficient to meet the needs of the public debate. It is necessary that self-regulation be added to regulation”, said the deputy during an event organized by FGV, Globo and IDP (Brazilian Institute of Education, Development and Research) .

He suggests regulated self-regulation along the lines of German law. “It is unimaginable to talk about regulation and not have a regulatory body that can put fines into practice. It is necessary to have a mechanism with regulatory attributions,” he said.

In the current text of PL (bill) 2630, known as PL das Fake News, there is no regulatory body, and the government resisted proposing the creation of this instance fearing that it could be labeled a “ministry of truth” and make approval difficult of the proposals.

However, the Minister of Justice, Flávio Dino, admitted at the same event the need to create a regulatory agency in the legislation to monitor compliance with the new rules.

Dino stated that the agency needs to “have certain attributes of independence” and involve civil society and checking agencies, “but lightly”. “It cannot be the creation of a new heavy bureaucratic apparatus that is difficult to handle because it clashes with the very logic of the internet.”

The Fake News PL rapporteur emphasized that parliamentary immunity and payment of platforms for journalistic content need to be in the new regulation of networks.

The government finalizes its regulation proposal that will be discussed with Orlando later this week, to incorporate it into the PL. But President Luiz Inácio Lula da Silva (PT) resists the inclusion of the extension of parliamentary immunity to the online environment.

The mayor, deputy Arthur Lira (PP-AL), does not give up immunity, which was a promise of his campaign for re-election in the Chamber. The government is discussing a change in the language of the PL that is acceptable to Congress and the Executive.

Payment for journalistic content is anathema to internet platforms, which resist the measure and claim that it will serve to finance disinformation, since it would be difficult to determine who is really a journalist. On the other hand, part of Congress and media vehicles support the measure with the argument that professional journalism needs to be remunerated.