Big tech decree: There is a lack of clarity on rules, says expert

The federal government published two decrees that establish new rules of responsibility for digital platforms, introducing a model in which big techs become co-responsible for the dissemination of content considered serious crimes on social networks.

For Arthur Igreja, a specialist in technology and innovation, the measures, despite addressing relevant topics, lack clear and objective criteria.

In an interview with CNN Prime Time, Igreja highlighted that the decrees did not pass through the National Congress and, therefore, did not follow the process of a bill. According to him, the measures mix agendas widely supported by the population with themes considered subjective, which represents a central problem in the new regulation.

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Co-responsibility and model inversion
Until the publication of the decrees, social networks were only obliged to remove content after a court decision. "Imagine that a user needs to go to court, he needs to have a favorable response, and that's when the social network will be notified and that's when it will remove this content", explained Igreja. With the new decrees, this model is reversed, and the platforms now have a type of direct co-responsibility.

The expert recognized that some of the topics covered in the decrees are unquestionable. Content linked to self-harm and suicide, for example, is widely rejected by society.

However, the inclusion of crimes such as "coup d'état" and "threats to democracy" in the same set of prohibitions raises questions. "The question is where is this coup d'état line? Where does a publication begin to be an affront to democracy?", asked Igreja.

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Business model of big techs and the risk of censorship
When asked about the possibility of digital platforms acting more proactively in removing content without incurring censorship, Igreja pointed out two obstacles. The first concerns the big tech business model itself, which, according to him, is structured to maximize audience and engagement.

"The incentive system has no commitment to the truth or to combating fake news", he stated.

The second problem, reinforced by the expert, is precisely the absence of objective criteria in the decrees. For the Church, if the rules were clearly defined, platforms could justify removals in a transparent way to the public. "But we don't have the criteria, and the decree doesn't help with that," he said.

He also pointed out that the National Data Protection Agency (ANPD) will be responsible for making joint assessments on compliance with the rules, without individual publications being able to be analyzed - which, in his view, creates even more uncertainty about the criteria for punishment and fines for platforms.

Concern about the electoral cycle
Church expressed additional concern about the fact that the decrees were published in 2026, the election year. According to him, there is an inevitable "shadowing of responsibilities and concepts" when regulating digital media in this context.

The expert recalled that Brazil has an electoral court dedicated exclusively to the electoral process, and that this body should have sovereignty over the matter. "We are here in the pre-chamber of the electoral process and we will have this shadow", he warned.

For the expert, instead of bringing more clarity, the decrees tend to generate a new wave of judicialization - precisely the problem they should help to avoid. "All of this carries the risk of last-minute judicialization," concluded Igreja.

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Source: CNN