Brazilian lawmakers might ‘claim sanctuary’ on social media

There has been a lot of anticipation in Brasília regarding the so-called “Fake News bill,” which intends to curb online misinformation. Not least because of how it can affect efforts by electoral courts to discipline platforms into instituting some sort of content moderation. And passing between the Senate and the House, the bill has taken many twists and turns – until a new, and possibly final, draft this week.

However, the bill’s latest version – drafted by Congressman Orlando Silva, a seasoned member of the Communist Party of Brazil – could mean that the law will have the opposite effect to its intent. Included is a provision that would grant politicians “immunity” to their online speech. 

Per Brazilian law, elected officials are protected from any sort of criminal or civil liability for their votes, opinions, and speeches. This was a sacrosanct principle inscribed in the 1988 Constitution as a way to bury the 21 years of military dictatorship during which politicians were persecuted – and, on many occasions, jailed and killed – for voicing anti-government views.

Mr. Silva wants to extend that protection to the online world. But think tank ITS-Rio, which studies the effects...