Fake News Bill: Move Accordingly and Preserve Society
David Nemer is an Assistant Professor in the Department of Media Studies, and an Affiliated Faculty in the Department of Anthropology at the University of Virginia. His research areas are technology use in marginalized regions, such as the favelas of Brazil and Havana, Cuba, and misinformation studies. This text was originally written for issue 62 of the WBO Newsletter, published on April 14, 2023. Fill in the form at the bottom of the text to access and subscribe to the WBO weekly newsletter in English.
The Brazilian Chamber of Deputies, the lower house of the Congress, is currently considering the "Fake News Bill" (2630/20), which seeks to address the rampant spread of misinformation on the internet, particularly on social media platforms like Facebook and Twitter, and messaging apps such as WhatsApp and Telegram. The bill compels telecom providers to take action against disinformation, strengthens the transparency of sponsored online content, and outlines the procedures by which state authorities can penalize non-compliant companies. It primarily targets major tech companies operating in three categories: social networking sites, search engines, and public instant messaging apps with over 10 million registered active users in Brazil.
Although the main objective of the bill is to enhance transparency on social media platforms and private messaging apps to combat the spread of disinformation, it also has the potential to modernize some of the internet laws established in the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet), which have been in place for over a decade. Furthermore, the bill could bring us a step closer to a regulatory framework for Big Tech companies.
Here are 5 important points about the bill worth paying attention to:
Content Moderation
Article 15 of the bill outlines that social media platforms are required to establish content moderation guidelines that provide users with the right of reply and disclosure of the moderators' profiles. Additionally, the bill not only mandates rules for notifying users of moderated content and accounts but also defines the process for requesting a review of such decisions. Moreover, the bill compels platforms to regularly disclose the general characteristics of the teams responsible for enforcing policies and terms of use relating to third-party-generated content, including the number of individuals involved, contracting models, and statistics regarding language proficiency, qualifications, demographic diversity, and nationality. Such disclosures must be made every six months, promoting greater transparency and accountability on these platforms.
2. Public Agents and Parliamentary Immunity
The bill recognizes the social media accounts of political figures, such as the President of the Republic, governors, mayors, and legislators, to be of public interest. As per the proposal, these accounts cannot restrict other accounts from accessing their posts. For example, the bill prohibits public officials from blocking other accounts and users, thus restricting access to publications.
Article 22 of the proposed bill introduces the notion of parliamentary immunity on digital platforms. Those in favor of this measure argue that it merely reinforces the existing provisions of Article 53 of the Federal Constitution, which ensures immunity for senators and congressional representatives concerning their statements, opinions, and votes, including those expressed on digital platforms. Nonetheless, opponents warn that the proposed language represents more than a mere repetition of constitutional prerogative, constituting a potentially perilous expansion. This provision could potentially allow politicians to utilize their social media accounts to disseminate misinformation while evading accountability.
3. Election Ads and Paid Content.
Social media platforms must disclose all paid content, along with the account responsible for it, allowing users to communicate with advertisers. Electoral ads or content that mentions candidates, parties, or coalitions must be publicly available for review by the Electoral Justice. Promoted content and ads that the user interacted with within the past 6 months must include information about the profiling criteria and procedures used in each case. This is likely to impact the digital advertising industry by requiring companies to share their audience targeting strategies with competitors.
4. News and Media
Providers must compensate media outlets for the use of their journalistic content. This issue has been the focus of regulations worldwide with varying outcomes. The topic is multifaceted and goes beyond the initial purpose of the bill aimed at combating disinformation. Concentration in the news industry could increase if providers decide to only pay a few major media groups, and there is ambiguity about which content qualifies for payment. Australia's efforts have shown that payment may not benefit small independent journalism outlets.
5. The CGI becomes a content moderation inspector
The bill delegates to the Brazilian Internet Steering Committee (Comitê Gestor da Internet no Brasil (CGI)) a set of responsibilities, such as monitoring compliance with the law and drawing up guidelines for a code of conduct. The CGI would also be able to directly request information from providers about content moderation methodologies, seeking to clarify how and why accounts and content were excluded, de-indexed, or flagged as false or misleading.
The "Fake News Bill" has raised concerns about its potential impact on freedom of speech and its effectiveness in combating the spread of misinformation. Congressman Orlando Silva, who drafted the bill, faces a significant challenge in considering the recommendations from the federal government and civil society organizations while still attempting to garner enough support from the Chamber of Deputies to pass the bill.
Brazil can seize the opportunity to set an example for the world in regulating Big Techs. However, the country must avoid adopting the reckless approach of "Move Fast and Break Things" and instead embrace the challenge of "Moving Accordingly and Preserving Society”.
