Explaining Brazil #243: Why the world should pay attention to Brazil’s ‘Fake News Bill’

Several countries and regions are starting to discuss and pass legislation regulating social media. And that process requires finding the ideal combination on what is a slippery slope, as content moderation can easily cross the line into censorship, depending on how it is enforced.

In that sense, Brazil could be a trailblazer — as both Congress and the Supreme Court are tackling the issue of social media regulation right now. Depending on how things go, Brazil could teach the world what to do, or what not to do.

Passed in the Senate in 2020, Brazil’s Fake News Bill stalled in the lower house for years, as the powerful pro-Jair Bolsonaro caucus abhorred any sort of moderation of online content. Now, with the left back in power, the issue has gained momentum — especially after the recent January 8 riots in Brasília and multiple school attacks that were incited and orchestrated on social media.  

Among the bill’s many provisions, one stands out. It holds online platforms responsible for damages caused by third-party content, when the platforms are paid to boost the reach of the post in question. Platforms will also have to identify and assess algorithmic “systemic risks” that could facilitate the spread of illicit content (such as promoting violence or discrimination).

If the risk of harm is deemed imminent, platforms will be required to exercise their duty of care. They can be held criminally liable if they are found to have been negligent in addressing these risks.

The duty of care forces companies to actively combat the spread of content that violates the rights of minors, incites criminal activity, or spreads misinformation about health issues.

Online platforms will be required to be transparent about content moderation and to objectively and publicly explain their reasons for taking down content. That in itself will be a major paradigm shift for how we see the internet.

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In this episode:

• Marcela Mattiuzzo is a Ph.D. candidate at the University of São Paulo, a Yale visiting researcher, and a partner at law firm VMCA.

Background reading on the ‘Fake News Bill’:

• We spoke with the rapporteur of the Fake News Bill, Congressman Orlando Silva, who was clear in his belief that content monetization must come with liability. Read our interview in English and Portuguese.
• One of the bill’s most controversial provisions grants politicians immunity for their speech on social media.
• We broke down the main provisions of the Fake News Bill in our Brazil Daily newsletter on April 28.
• Messaging app Telegram sent a message to users in Brazil on Tuesday, claiming the bill “will kill the modern internet.” Google had used the same strategy one week prior.

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• #fakeNews
• #regulation
• #socialMedia