Big tech decrees impact freedom of expression, says expert

Digital law expert Luis Fernando Prado said that the two decrees on the regulation of digital platforms, the so-called big techs, impact freedom of expression. The statement came during an interview with CNN Novo Dia this Friday (5) to talk about the decrees that President Luiz Inácio Lula da Silva (PT) signed, at the end of May, for the operations of technology companies in Brazil.

"These rules that are being re-discussed impact freedom of expression, we cannot escape this debate", began Prado. "What is being debated is whether this impact on freedom of expression is fair or unfair, but the fact is that any rule that will talk about the liability of intermediaries for third-party content on the internet is a rule that will have its impact on freedom of expression."

"We will have a different internet in Brazil than we have had to date: an internet in which platforms will have more incentives and more obligations to remove content and the filters on these platforms will be more rigorous", he added.

Users should experience greater rigor in filters when using the internet in the coming years, according to Prado. "Today, as a result of these Executive decrees, we have a different rule of freedom of expression in Brazil than we had previously: platforms will need to exercise greater control over what users post", he added.

For the expert, there is also a discussion as to whether it would be up to the Executive Branch to "change the rules of the Marco Civil da Internet". "What draws attention to all of this is that we are re-discussing the Marco Civil da Internet without a change in the Legislature", he stated.

The STF (Supreme Federal Court) scheduled the judgment on big techs for June 10th.

Understand the case of big techs
One of the decrees updates the Marco Civil da Internet regulations to strengthen the prevention and confrontation of fraud, scams and criminal acts on digital platforms. The decree makes it possible to hold digital platforms accountable and assigns authority to the ANPD (National Data Protection Agency) to regulate, monitor and investigate violations of the Marco Civil da Internet.

One of the changes is the obligation for companies that sell advertisements to store data that allows possible accountability of authors and compensation for damages to victims.

Platforms must also act preventively to prevent the circulation of content related to serious crimes, such as terrorism, sexual exploitation of children and adolescents, human trafficking, encouragement of self-mutilation and violence against women.

In cases of criminal content driven by paid advertising, platforms may be held responsible when there are recurring failures to adopt measures to prevent fraud, scams and crimes. In other cases, content removal may occur after notification.

The other signed decree establishes guidelines to expand the protection of women in the digital environment and detail the duties of digital platforms in preventing and responding to cases of online violence.

According to Palácio do Planalto, companies must act to curb the spread of crimes, fraud and violence and reduce possible harm caused to victims, especially in situations of exposure of non-consensual nude images, even if created by AI (artificial intelligence).

The decree determines that digital platforms maintain a specific, permanent and easily accessible channel for reporting intimate content disclosed without consent, with the material expected to be removed within two hours after notification.

Prohibiting the use of AI to produce intimate images of women also becomes part of the scope of preventive measures required from platforms.

Opposition reaction
Opposition congressmen filed at least 24 PDLs (Proposed Law Decree) to try to overturn two of Lula's decrees. The most sensitive regulation for them is 12,975, which updates the Marco Civil da Internet.

The PDLs, however, still need to be approved in both Houses. Unlike a conventional project, they do not undergo presidential sanction, precisely because they have the power to suspend the Executive's decision.

Of the signed projects, 17 are from deputies from the PL, 2 from the Novo, 3 from the Union and 2 from the Republicans.

Government violated freedom of expression with big tech decree, says deputy | CNN NEW DAY

Source: CNN