Big tech decree: André Marsiglia sees risk of censorship in new rules

The federal government issued new decrees with rules for digital platforms this week, focusing on protecting women and combating fraud, scams and criminal acts on social media.

The measures introduce a new model of responsibility for big techs - and, according to Constitutional Law expert André Marsiglia, carry a considerable risk of censorship.

In an interview with CNN Prime Time, Marsiglia explained the change in logic brought about by the decrees. "Before, we had in the Internet Civil Rights Framework an individualized logic for removing content," he stated. "Now, we have a more generic removal", in which platforms are proactively responsible for removing certain content - the so-called duty of care - regardless of a court order. "In this territory, some of these concepts, being vague, can generate some type of censorship," said Marsiglia.

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One of the most sensitive points raised by Marsiglia concerns the electoral period. He warned that supervision of the digital environment will be the responsibility of a body linked to the Ministry of Justice and, therefore, subordinate to the federal government.

"Who will oversee the digital environment during the elections will be a body linked to the government itself, the executive itself, which will be one of the candidates for re-election", he stated. For him, this could generate "some type of imbalance in the electoral dispute, which is not desirable".

The expert warned that some of the concepts used in the decrees are imprecise, which could lead to misunderstandings. "For fear of being punished for not fulfilling this duty of care, they can remove what is lawful, what is not necessarily wrong, but what is controversial," said Marsiglia.

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He cited as examples terms such as "anti-democratic content" and "incitement to discrimination", categories that have already generated controversy in previous cases. To illustrate the difficulty of interpretation, he mentioned the case of comedian Leo Lins, who received an eight-year sentence for a joke considered discriminatory. "How are the platforms, with their algorithms, their robots, going to deal with this in a better way than the judges?" he asked.

Marsiglia also highlighted the risk of self-censorship by network users themselves. According to him, "freedom of expression serves exactly to protect what is controversial."

The expert highlighted that clearly illicit content, such as that related to pedophilia and pornography, was already removed by the platforms spontaneously. The problem, therefore, would be precisely in the so-called "gray zone" - content that is controversial, but not necessarily illegal, which now becomes the target of the new rules.

Algorithms
Regarding the role of algorithms, Marsiglia pointed out that the decrees do not directly combat the algorithmic logic of the platforms, but rather the content generated or promoted by them.

He argued that smarter regulation could require transparency about the criteria used by algorithms to promote certain content - a model that, according to him, is already adopted in Europe. "We are not fighting the algorithm or the logic of the algorithm, but its consequence, which is the content generated", he concluded.

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Source: CNN