Brazilian lawmakers to vote on ‘fake news’ law amid protests from tech groups

Brazil’s Congress is poised to vote on controversial legislation to crack down on the spread of “fake news,” prompting opposition from Google and other tech groups to tougher rules that regulate their content globally.

Parliament is expected to vote next week on the measure, which is being pushed through by the government of President Luiz Inacio Lula da Silva. It aims to curb the spread of misinformation, but critics accuse it of being rushed by special interests and open to abuse.

The law imposes stricter requirements on how tech companies deal with illegal and other harmful content, as well as penalties for groups that use robots or artificial intelligence to spread fake news.

It drew strong opposition from various coalitions, including lobby groups for tech companies like Google and Meta, free speech advocates and members of the far-right. They argue differently that the bill could lead to censorship and that it is being rushed.

“A hasty law will make the internet work worse and limit basic rights. . . and creating mechanisms that threaten legitimate speech and freedom of expression,” said Marcelo Lacerda of Google Brazil in an online post.

The change in Brazil — one of the world’s largest social media markets with about 165 million users, according to data firm Statista — comes as digital platforms face new rules to regulate their content globally, while authoritarian governments present a regulatory dilemma. Critics of India’s proposed 2021 internet law will force forums to take down content deemed controversial by New Delhi.

Turkey’s social media laws have faced similar criticism, while some platforms are curtailing dissident content in Vietnam and Thailand at the behest of their governments.

During Jair Bolsonaro’s 2018 election campaign and the presidential election campaign, social media and messaging apps such as WhatsApp became popular in Brazil. Some researchers argue that fake news about vaccines and other health measures has led to thousands more deaths during the Covid-19 crisis.

Concerns about the issue were raised again in January when thousands of the former president’s supporters stormed and destroyed the country’s political institutions in Brasilia. Bolsonaro’s October election defeat by Lula was rigged, with many rioters circulating in far-right discussion groups and spreading falsehoods over and over again. Lula and his supporters called the violence an “attempted coup”.

Orlando Silva, who was named to present the bill, said, “In Brazil, fake news reigns supreme in politics.” The vaccine failure, the attacks on schools and the coup attempt are behind it. [We] The responsibility system of digital platforms should change.

Alencar Santana, a lawyer for Lula’s Workers’ Party, said, “[Fake news] It is a complex phenomenon, but the bill will help us as a society to deal with this problem. . . Approval is urgent.

A key part of the law, which is still subject to change, is requirements for tech companies and social media platforms, including a legal obligation to flag and remove criminal content.

The law makes platforms liable for damages caused by paid content, and can be fined if they don’t promptly comply with court orders to remove posts.

Users and groups that spread misinformation through automated accounts called fake news factories can be held criminally liable. The law sets out what constitutes illegal content, including “in a democratic legal environment, acts of terrorism, crimes of racism”. [and] Violence against women”.

Silva, a lawmaker from the Brazilian Communist Party, said:[If] Knowingly using bots and fake news factories to publish a known, damaging fact is a crime, including jail time.

The bill must be voted on by both houses of Congress before it can become law, a process that could take weeks.

Due to censorship concerns, Silva withdrew a clause that would have created a government-run agency to monitor internet platforms.

“The law creates the potential for government abuse of power, raising legitimate concerns about accountability in situations involving protests and government opponents,” said Bruna Santos, director of the Brazil Institute at the Wilson Center.

Critics have pointed to a clause that gives elected politicians immunity for online posts. In the year Lawmakers defend the move to protect political freedoms in a country ruled by a military dictatorship between 1964 and 1985. They say it’s a concession to far-right lawmakers who say the opposition could be targeted.

“The immunity of the parliament gives a special place to politicians who are the main broadcasters [fake news]said Patricia Campos Mello, author of a book on far-right misinformation in Brazil.

So far, cases of misinformation have mostly been dealt with on an ad hoc basis by the country’s electoral tribunal.

The plenary vote comes days after Congress voted to speed up passage of the bill by skipping committee hearings. It has the support of powerful Arthur Lira in the government and lower house, so analysts expect the law to be passed, despite the possibility of major changes.

Additional reporting by Michael Pooler and Carolina Engiza