Expert sees risk of "prior censorship" in network regulation

In an interview with CNN this Monday (8), lawyer specializing in network regulation Rafael Pellon warned of the risk of "prior censorship" on social networks if the liability of platforms is expanded without objective criteria.

The topic became the focus of dispute between the Three Powers after President Luiz Inácio Lula da Silva (PT) published decrees that expand the supervision and responsibilities of big techs. The STF (Supreme Federal Court) will judge appeals presented by companies this week.

"Today, the biggest risk is a general fear on the part of large platforms, that, with the STF's decision, they will begin to take measures to avoid being held responsible or punished preventively. We have a risk, in certain content, of prior censorship, due to a lack of criteria or objectivity of decisions", said the expert.

In the lawyer's opinion, it is necessary to seek consensus. "This consensus should be reached within Congress. In its absence, the Judiciary and Executive begin to move," said Pellon.

This Wednesday (10), the STF plenary should analyze the appeals presented by companies such as Google and Meta against the decision that changed the interpretation of the Civil Rights Framework for the Internet and expanded the possibilities for holding networks accountable.

The resources will be analyzed at a time of dispute over the regulation of digital platforms in the country. Lula's decrees that aim to expand supervision and strengthen the role of the ANPD (National Data Protection Authority) displeased the opposition in Congress.

In the Chamber of Deputies, opposition parliamentarians filed PDLs (Project Legislative Decree) to overturn the decision.

In the Senate, the president of the House, Davi Alcolumbre (União-AP), ordered the Parliament's legal consultancy to assess whether the decrees exceeded the constitutional powers of the Executive Branch.

Critics argue that the government would be expanding ANPD's powers and creating mechanisms to regulate platforms without legislative authorization.

What is the future of the debate on regulating big techs? Lawyer explains | CNN NEW DAY

*Under the supervision of Renata Souza

Source: CNN