Brazil to Vote on Controversial ‘Fake News’ Bill Amid Free Speech Concerns

Brazil’s legislative body is preparing to vote on a divisive bill targeting social media regulation, which has sparked intense debates across the country regarding the implications for free speech and the fight against disinformation, according to a report from Reclaim the Net (RTN).

The proposed “fake news” bill mandates social media platforms and messaging applications to take measures against accounts and content classified as criminal, including incitements to violence, terrorism, and hate speech.

Non-compliant platforms could face financial sanctions or legal consequences.

The legislation also addresses advertising and the handling of official government social media accounts.

Among the key aspects of the bill are several important provisions.

Firstly, it calls for the appointment of a local legal representative who will hold considerable responsibilities.

Secondly, it imposes limitations on anonymous automated accounts, while adopting techniques to detect non-human account activity.

Additionally, the bill emphasizes transparency with regard to sponsored marketing and promotional content, as well as adherence to the 2018 Data Protection Act.

It mandates the establishment of systems for content moderation alerts, access, and appeals, along with specific processes for managing election-related content.

The legislation also requires biannual transparency reports in Portuguese, which will be applicable to search engines as well.

The bill includes provisions for remuneration of content created by media organizations and imposes restrictions on message dissemination, particularly concerning distribution lists.

It demands user consent for inclusion in groups and lists, while eliminating automatic enrollment in these groups and lists.

Furthermore, the bill prohibits tools that enable mass message distribution and requires systems to identify and impede external bulk messaging tools.

Lastly, the legislation focuses on ensuring data accuracy and providing user information upon judicial orders.

The bill’s sponsor, Deputy Orlando Silva, insists that the legislation does not endanger free speech, arguing, “Freedom of speech is made stronger with a process where the user can contest when he disagrees with the removal of content,” RTN notes.

Nevertheless, opponents argue that the bill’s true intent is to stifle political dissent and curtail freedom of speech.

Tech companies have also raised concerns, suggesting that a more effective approach to fostering a secure digital landscape might involve increased self-regulation.

Deputy Orlando Silva is expected to present a revised version of the bill before next week’s scheduled vote, in response to the ongoing objections.

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