Internet regulation legislative proposals in Brazil International Bar Association

Internet regulation – legislative proposals in Brazil

Internet regulations have become a global agenda. In the United States, the US Federal Congress is discussing that it will withdraw the Internet Safe Harbor (Article 230 of the US Law) established in 1996. Safe Harbor is currently exempt from civil liability for the content created by users. The Golzales vs. Google LLC trial and Twitter vs. Termune trial, which were defeated by the U. S. Supreme Court on May 18, 2023, activated the debate on this point.

At the same time, the European Parliament and the European Union Council have recently discussed the digital service law (DSA) for online brokers and platforms and the digital market law (DMA) that manages the gatekeeper online platforms (DMA). Adopted.

Brazil also faces a similar scenario for newly regulated discussions on the Internet. In this paper, from the viewpoint of the Civil Code and the Regulatory Law, the status of regulations and bills in the Brazilian National Assembly will be described.

Civil perspective

From the viewpoint of the Civil Code, Brazil's Internet regulations are now specific laws and obligations on the Internet in 2014 and in 2014 in Brazil (Constitution, Civil Code, Consumer Protection Law). ("Internet Law"). The Internet Law is a simple law composed of Article 32, and the following contents are determined:

  1. Basic principles for Internet use in Brazil (human rights, diversity, economic freedom, consumer protection, privacy, personal information, etc.);
  2. Required deficiency (Internet connection, connection provider, application provider, etc.);
  3. Rules related to net neutrality
  4. Code of protection of access logs, personal data, and privacy communication
  5. Safe harbor for Internet application providers (safe protection measures). If the application provider does not comply with the order of the court calling for a specific content deletion, or a notification that the notification is performing nude or sexual acts, it is not a court to delete specific content that has not allowed the publication. Unless you do not follow the notification of, you are not responsible for the content created by the user;
  6. Rules for the provision of access logs aimed at identifying a person who seems to have violated the law when using the Internet by the recognition of a judge or prosecutor.
  7. Use of the Internet by the government.

The national debate on the need for new Internet regulations in Brazil began with discussions on the need to monitor content on the Internet to avoid fake news. The main laws of Brazil's new Internet regulation are generally called "fake news bills" from the perspective of citizens.

However, this law covers not only provisions for the purpose of avoiding and reducing fake news on the Internet, but also various topics, "Brazil's new freedom, responsibility, and transparent for Internet use. He claims that it is a law for gender. This law is

  1. Strengthen the principles and goals of Internet use in Brazil;
  2. If the safe harbor currently currently exists in Article 19 of the Internet Act is abolished and the application provider has neglected to "cautionary duty", such content is posted as an advertisement or available online. Is to take responsibility for the content created by the user;
  3. An order to evaluate the system and operation to the application provider regularly, change the service appropriately according to the identified risk, and access the created risk evaluation;
  4. The application provider stipulates "caution" as an obligation to act seriously to prevent the spread of specific illegal content in the application, and manages the compliance with "caution";
  5. Formulate a "security protocol" to avoid imminent risks from the activities of the application provider;
  6. Establish the processing procedure of ultr a-legal notifications requesting content deletion and the application provider to delete content for the use of the application and the content deletion procedure for implementing policies;
  7. Very powerful transparency obligations for application providers, including the transparency of algorithms;
  8. The application provider employs an external auditor and stipulates an obligation to publish an external audit report on compliance with the law;
  9. The application provider is obliged to provide data to the survey;
  10. Online advertising regulations;
  11. For the content protected by copyright published in the application, the application provider orders compensation to the copyright holder;
  12. Order the application provider to pay the press for the content produced by the press and published in the application;
  13. Regulates the use of the Internet by the government;
  14. Is a guideline for education for Internet use;
  15. Formulated rules for instant messaging applications operated in Brazil.
  16. Define heavy sanctions applied to application providers, such as fines for up to 50 million BRLs, banning personal information, and suspension of business in Brazil.

The people's discussions on this law are very intense, and the voting conference has been suspended. The Brazilian National Assembly is currently discussing new formats to regulate the rights and obligations of the Internet use in Brazil, for example, including the various parts of the abov e-mentioned law in other existing laws waiting for voting. We are discussing things and other possible angles to regulate the Internet in Brazil.

In parallel, the Brazilian Federal Supreme Court may begin a typical trial on a platform responsibility for use r-created content in 2023. The theme of the trial is whether Article 19 of the Internet Act, which sets Brazilian Internet Safe Harbor, is constitutional.

The conclusion of the Brazil Federal Congress and the Supreme Court of the Federal Court of legal and powerful precedents will have a significant impact on Brazil's Internet regulation environment. Brazil is the world's largest market for application providers, especially important for social network application providers, so the impact of such trends is not limited to the Brazilian region.

Regulatory perspective

From a regulation perspective, in response to an overseas legislative initiative seeking to strengthen the regulations on Big Tech's activities, Brazilian legislators submitted a bill that suggests monitoring enhancement on digital platform activities. 。 Law 2768/2022 reflects some of the provisions stipulated in the EU DMA that came into effect in May 2023. If this bill is approved, it will be a new landmark for Brazil's ant i-trade method framework and digital market.

As a general theory, the s o-called Brazilian DMA proposal stipulates the following:

  • Regulation
  • Monitoring
  • Penalties for activities performed by digital platforms that provide services to the Brazil market.

In particular, the gatekeeper is focused on, and the law is called a "digital platform with the power to control essential access."

The bill envisages the long-established Brazilian Telecommunications Agency (ANATEL) as Brazil’s DMA oversight body, given its expertise on the subject matter and the fact that a significant part of ANATEL’s “pro-competitive regulation” is based on interconnection obligations. The Digital Platforms Inspection Fund (FisDigi) will be established to collect financial resources to support ANATEL’s new activities. In addition to financial resources provided by the Federal Government, gatekeepers will contribute a fee to the fund equal to 2% of their total annual turnover.

DMAs, which have a significant impact on data sharing and application development, are the culmination of global concerns about the economic power of Big Tech.

Both Brazil’s and the EU’s DMAs apply to digital platform services across eight market sectors:

  • Online intermediation services
  • Online search engines
  • Social networks
  • Video sharing platforms
  • Communication platforms
  • Operating systems
  • Cloud services
  • Advertising services.

It should be noted, however, that not all digital platforms that fit the above definition will be considered “gatekeepers”. In Brazil, digital platforms must register annual revenues of at least BRL 70 million related to services provided to the Brazilian public.

The proposed DMA, like that in Brazil, provides certain guidelines for gatekeeper activities in Brazil, such as:

  1. Transparency and obligation to provide information to regulators;
  2. Equal and non-discriminatory treatment in the provision of services (i. e., taking into account the advantages that digital platforms have in their core business and prohibiting self-preferential practices such as leveraging market share in vertically related markets);
  3. Proper use of consumer data (i. e., prohibition of digital platforms from combining users' information without their specific consent);
  4. Open access for consumers to the platform (i. e., refusal or non-provision may be subject to sanctions).

Since the proposed law does not provide specific commitments for affected parties to comply with the above, ANATEL is expected to issue specific regulations for this purpose.

Other Brazilian authorities have already given the right to execute matters included in this law. For example, the Brazil An ant i-Trust Agency (CADE) has already taken into account the risk of sel f-reference in both the merger and the survey, and the Brazilic Data Protection Agency (ANPD) stipulates the appropriate use of personal data, including digital platforms. I am.

Conclusion

If you violate the bill, you will be imposed on a cas e-b y-case case, which will be a hig h-priced fine, up to 2 % of pure income.

The intention of the legislator is not to inhibit the innovation of the digital platform, but to promote a more fairly competitive online ecosystem, but in fact, the digital platform that is currently fully established. Is a significant environment of regulations, and (1) it is necessary to adapt to (1) a newly implemented and (2) specific obligations that have not yet arrived. Under these circumstances, DMA's proposals like Brazil are other bills that may have a significant impact on the current business of digital platforms (the fake news bills described above) and the current project. It appeared as a change in the game.

Similar topics

  • The purpose of this article is to introduce the status of Brazil on discussions on Internet regulations. This theme is worldwide, affecting Brazil's trends, and will continue to influence. We recommend that readers follow up on these further progress.
  • Internet regulation
  • Brazilian law
  • DMA
  • DSA
  • Brazilian National Assembly
  • Brazilian Federal Court
  • Platform responsibility

Legslaton submtted to authorse 32 casno lcences across Brazl

User generation content

Brazil is an important country in the international hig h-tech market, and the main reason is that new digital services are strong. As an example, Brazil is the second largest country in the world, with more than 100 million users. Technology regulations in the country not only affect many international business models that require Brazil as an attractive consumer market, but also affect regulatory models in other countries in global South. < SPAN> In addition, other Brazilian authorities have already given the right to execute matters included in this law. For example, the Brazil An ant i-Trust Agency (CADE) has already taken into account the risk of sel f-reference in both the merger and the survey, and the Brazilic Data Protection Agency (ANPD) stipulates the appropriate use of personal data, including digital platforms. I am.

If you violate the bill, you will be imposed on a cas e-b y-case case, which will be a hig h-priced fine, up to 2 % of pure income.

Data Protection

The intention of the legislator is not to inhibit the innovation of the digital platform, but to promote a more fairly competitive online ecosystem, but in fact, the digital platform that is currently fully established. Is a significant environment of regulations, and (1) it is necessary to adapt to (1) a newly implemented and (2) specific obligations that have not yet arrived. Under these circumstances, DMA's proposals like Brazil are other bills that may have a significant impact on the current business of digital platforms (the fake news bills described above) and the current project. It appeared as a change in the game.

The purpose of this article is to introduce the status of Brazil on discussions on Internet regulations. This theme is worldwide, affecting Brazil's trends, and will continue to influence. We recommend that readers follow up on these further progress.

Internet regulation

Digital Platforms

Brazilian law

DMA

DSA

Artificial Intelligence

Brazilian National Assembly

Brazilian Federal Court

Platform responsibility

Neurorights

User generation content

Brazil is an important country in the international hig h-tech market, and the main reason is that new digital services are strong. As an example, Brazil is the second largest country in the world, with more than 100 million users. Technology regulations in the country not only affect many international business models that require Brazil as an attractive consumer market, but also affect regulatory models in other countries in global South. Other Brazilian authorities have already given the right to execute matters included in this law. For example, the Brazil An ant i-Trust Agency (CADE) has already taken into account the risk of sel f-reference in both the merger and the survey, and the Brazilic Data Protection Agency (ANPD) stipulates the appropriate use of personal data, including digital platforms. I am.

If you violate the bill, you will be imposed on a cas e-b y-case case, which will be a hig h-priced fine, up to 2 % of pure income.

The intention of the legislator is not to inhibit the innovation of the digital platform, but to promote a more fairly competitive online ecosystem, but in fact, the digital platform that is currently fully established. Is a significant environment of regulations, and (1) it is necessary to adapt to (1) a newly implemented and (2) specific obligations that have not yet arrived. Under these circumstances, DMA's proposals like Brazil are other bills that may have a significant impact on the current business of digital platforms (the fake news bills described above) and the current project. It appeared as a change in the game.

The purpose of this article is to introduce the status of Brazil on discussions on Internet regulations. This theme is worldwide, affecting Brazil's trends, and will continue to influence. We recommend that readers follow up on these further progress.

Framing disinformation through legislation: Evidence from policy proposals in Brazil

Internet regulation

By

Brazilian law

DMA

Research Questions

  • DSA
  • Brazilian National Assembly
  • Brazilian Federal Court
  • Platform responsibility

RESEARCH NOTE SUMMARY

  • User generation content
  • Brazil is an important country in the international hig h-tech market, and the main reason is that new digital services are strong. As an example, Brazil is the second largest country in the world, with more than 100 million users. Technology regulations in the country not only affect many international business models that require Brazil as an attractive consumer market, but also affect regulatory models in other countries in global South.
  • An example of the importance of national regulation focused on new technologies is the aggressive stance adopted by Google during the discussion of the proposed platform regulation in 2023. Google went so far as to post a warning on its homepage that the proposal could limit freedom of expression online, drawing international criticism for meddling in Brazil's legislative process.
  • Against the backdrop of the impact of Brazilian regulation on international technology markets, and even its impact on other countries, this article maps the main legislative debates in 2024.
  • Brazil's main technology legislation was Marco Civil da Internet (Law No. 12. 965 of 2014), a response to national concerns arising from Edward Snowden's revelations that then-President Dilma Rousseff had been under surveillance by the US National Security Agency. The law was recognized as the world's first Internet Bill of Rights[3] and established users' rights regarding privacy protection, freedom of expression, and Internet access, as well as the obligations of service providers.
  • Brazil's first data protection law was then approved in 2018 and came into force in 2020, known as Lei Geral de Proteção de Dados (Law No. 13. 709 of 2018). This regulatory model is similar to that adopted by the European Union in its General Data Protection Regulation, outlining principles limiting the use and collection of personal data, the rights of data subjects, and accountability for data controllers and processors. The first national data protection authority created by this law was formally constituted by the executive branch in August 2020, and to date only small companies and public institutions have been sanctioned. The company sold a database collected by web-scraping techniques of public data for the 2020 election campaign.
  • More recently, in December 2023, the executive branch established the Brazilian Cybersecurity Policy with the aim of building public policies with public and private entities to build a more secure cyber environment and avoid economic losses to the national market. A National Cybersecurity Council will be established in 2024 and will begin developing a national strategy with incentives and guidelines on digital security for the public and private markets.
  • For the past four years, the responsibility for digital service platforms (social networks, instant message services, marketplace, etc.), the diffusion of fake news that leads to democracy and the erosion of national institutions, and recently concerns about artificial intelligence, and in the Federal Congress. It led to the legislative project.

Implications

In 2020, the Federal Senate proposed a bill 2630 on platform regulations and responsibilities that provide digital services. The version approved in the Senate in July 2020 was sent to the lower house, and the House of Representatives formed a working group focusing on improving the text received from the Senate. The amendment proposal created by the Working Group was submitted in March 2022, especially concerns about the presidential election scheduled for October 2022, and responding to the role of the platform in fake news diffusion. Added.

This new article has many similarities to the digital service law, such as imposing a duty to report transparency in Article 15 of the European Regulations. Tales Tomaz has published an English study on the contents of the bill 2630. With the aim of establishing rules for the local government election scheduled for October 2024, the government has undergone political pressure to vote this plan in early 2024.

Another proposal for Brazil's law in the context of digital is the 2023 bill No. 2338 on the regulation of artificial intelligence. Initially, the regulation of artificial intelligence was started by the House of Representatives in the 2020 bill No. 21, and outlaws the principles without stipulating the duty of developers and companies that adopt these technologies. After the approval, the Federal Senate set up a work group with an expert in 2022 and considered a bill.

This expert group contained a celebrity of the Brazilian law who studied relationships with new technology: Professor Danilo Doneda (memorial), Professor Laura Sheltel Mendes, Professor Fabricio da Mota Alves. He is Professor Miriam Vimmer. < SPAN> In the last four years, the responsibilities of digital service platforms (social networks, instant message services, marketplace, etc.), the diffusion of fake news that leads to democracy and the erosion of national institutions, and recently concerns about artificial intelligence have increased. It led to a legislative project in the Federal Congress.

In 2020, the Federal Senate proposed a bill 2630 on platform regulations and responsibilities that provide digital services. The version approved in the Senate in July 2020 was sent to the lower house, and the House of Representatives formed a working group focusing on improving the text received from the Senate. The amendment proposal created by the Working Group was submitted in March 2022, especially concerns about the presidential election scheduled for October 2022, and responding to the role of the platform in fake news diffusion. Added.

This new article has many similarities to the digital service law, such as imposing a duty to report transparency in Article 15 of the European Regulations. Tales Tomaz has published an English study on the contents of the bill 2630. With the aim of establishing rules for the local government election scheduled for October 2024, the government has undergone political pressure to vote this plan in early 2024.

Another proposal for Brazil's law in the context of digital is the 2023 bill No. 2338 on the regulation of artificial intelligence. Initially, the regulation of artificial intelligence was started by the House of Representatives in the 2020 bill No. 21, and outlaws the principles without stipulating the duty of developers and companies that adopt these technologies. After the approval, the Federal Senate set up a work group with an expert in 2022 and considered a bill.

This expert group contained a celebrity of the Brazilian law who studied relationships with new technology: Professor Danilo Doneda (memorial), Professor Laura Sheltel Mendes, Professor Fabricio da Mota Alves. He is Professor Miriam Vimmer. For the past four years, the responsibility for digital service platforms (social networks, instant message services, marketplace, etc.), the diffusion of fake news that leads to democracy and the erosion of national institutions, and recently concerns about artificial intelligence, and in the Federal Congress. It led to the legislative project.

In 2020, the Federal Senate proposed a bill 2630 on platform regulations and responsibilities that provide digital services. The version approved in the Senate in July 2020 was sent to the lower house, and the House of Representatives formed a working group focusing on improving the text received from the Senate. The amendment proposal created by the Working Group was submitted in March 2022, especially concerns about the presidential election scheduled for October 2022, and responding to the role of the platform in fake news diffusion. Added.

This new article has many similarities to the digital service law, such as imposing a duty to report transparency in Article 15 of the European Regulations. Tales Tomaz has published an English study on the contents of the bill 2630. With the aim of establishing rules for the local government election scheduled for October 2024, the government has undergone political pressure to vote this plan in early 2024.

Evidence

Another proposal for Brazil's law in the context of digital is the 2023 bill No. 2338 on the regulation of artificial intelligence. Initially, the regulation of artificial intelligence was started by the House of Representatives in the 2020 bill No. 21, and outlaws the principles without stipulating the duty of developers and companies that adopt these technologies. After the approval, the Federal Senate set up a work group with an expert in 2022 and considered a bill.

This expert group contained a celebrity of the Brazilian law who studied relationships with new technology: Professor Danilo Doneda (memorial), Professor Laura Sheltel Mendes, Professor Fabricio da Mota Alves. He is Professor Miriam Vimmer.

As a result, a new regulation model on artificial intelligence, which is close to the AI ​​method of the European Union (EU), was proposed. An important difference from the European model is that the Brazilian people use, use the artificial intelligence system in decisio n-making, the type of personal data used, companies involved in decisio n-making, and human intervention. The right to obtain information, such as the right to access the details of, is stipulated. The new article was proposed by the Federal Senate as the 2023 bill No. 2338, and may still be changed.

In 2021, there is also a debate on neurotechnology regulation, which was launched by Chile, who had a new basic right category called "Neuro Lights". This deals with the limit of the current basic right system before the operation model of technology that works directly to brain activity.

In Brazil, the Federal Senate was submitted to the Federal Senate No. 29 of the Federal Senate, and through the development of science and technology, the Federal Senate was submitted to the Federal Senate, and the basic right to "ensure spiritual perfection and transparency of algorithms". Is added. Discussions on the content of this proposal have not yet been discussed.

Finally, we will describe that after the establishment of a law expert group in charge of the proposal of the Federal Senate, the Brazilian Code may be revised. The group has a committee in charge of research on the rights in the context of the digital society, and is considering themes such as the right to cancel the index and digital inheritance.

The scenario indicates that Brazil is at the forefront of discussions on the relationship between law and technology. Brazil is not only influenced by the EU, but also contributes to the vision of developing countries in global South, and may affect business models of other similar countries and worl d-class technology companies. There is.

Alison Possa is a lawyer with a master's degree of the Brazil Constitution (IDP) and a professor of IBMEC. < SPAN> As a result, a new regulation model on artificial intelligence, which is close to the AI ​​method of the European Union (EU), was proposed. An important difference from the European model is that the Brazilian people use, use the artificial intelligence system in decisio n-making, the type of personal data used, companies involved in decisio n-making, and human intervention. The right to obtain information, such as the right to access the details of, is stipulated. The new article was proposed by the Federal Senate as the 2023 bill No. 2338, and may still be changed.

In 2021, there is also a debate on neurotechnology regulation, which was launched by Chile, who had a new basic right category called "Neuro Lights". This deals with the limit of the current basic right system before the operation model of technology that works directly to brain activity.

In Brazil, the Federal Senate was submitted to the Federal Senate No. 29 of the Federal Senate, and through the development of science and technology, the Federal Senate was submitted to the Federal Senate, and the basic right to "ensure spiritual perfection and transparency of algorithms". Is added. Discussions on the content of this proposal have not yet been discussed.

Methods

Finally, we will describe that after the establishment of a law expert group in charge of the proposal of the Federal Senate, the Brazilian Code may be revised. The group has a committee in charge of research on the rights in the context of the digital society, and is considering themes such as the right to cancel the index and digital inheritance.

The scenario indicates that Brazil is at the forefront of discussions on the relationship between law and technology. Brazil is not only influenced by the EU, but also contributes to the vision of developing countries in global South, and may affect business models of other similar countries and worl d-class technology companies. There is.

Alison Possa is a lawyer with a master's degree of the Brazil Constitution (IDP) and a professor of IBMEC. As a result, a new regulation model on artificial intelligence, which is close to the AI ​​method of the European Union (EU), was proposed. An important difference from the European model is that the Brazilian people use, use the artificial intelligence system in decisio n-making, the type of personal data used, companies involved in decisio n-making, and human intervention. The right to obtain information, such as the right to access the details of, is stipulated. The new article was proposed by the Federal Senate as the 2023 bill No. 2338, and may still be changed.

In 2021, there is also a debate on neurotechnology regulation, which was launched by Chile, who had a new basic right category called "Neuro Lights". This deals with the limit of the current basic right system before the operation model of technology that works directly to brain activity.

In Brazil, the Federal Senate was submitted to the Federal Senate No. 29 of the Federal Senate, and through the development of science and technology, the Federal Senate was submitted to the Federal Senate, and the basic right to "ensure spiritual perfection and transparency of algorithms". Is added. Discussions on the content of this proposal have not yet been discussed.

Finally, we will describe that after the establishment of a law expert group in charge of the proposal of the Federal Senate, the Brazilian Code may be revised. The group has a committee in charge of research on the rights in the context of the digital society, and is considering themes such as the right to cancel the index and digital inheritance.

The scenario indicates that Brazil is at the forefront of discussions on the relationship between law and technology. Brazil is not only influenced by the EU, but also contributes to the vision of developing countries in global South, and may affect business models of other similar countries and worl d-class technology companies. There is.

Alison Possa is a lawyer with a master's degree of the Brazil Constitution (IDP) and a professor of IBMEC.

Topics
  • In this paper, we analyze 62 bills submitted to the Brazil House of Representatives from 2019 to 2022, and understand how parliamentarians have framed various issues and solutions. At this time, the righ t-wing President Jile Bolsonaro coincides with the start of the administration. The survey revealed that lawyers of political parties opposed Bolsonaro tended to be crime to create and spread healt h-related and governmen t-led false information. This tendency is explained by a polarized Democracy of Brazil, which is a crisis situation of COVID-19 pandemic.
  • American University Faculty of Communication (USA)
  • Image by Geralt on pixabay

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Elim Poon - Journalist, Creative Writer

Last modified: 27.08.2024

Second, legislation known as Bill 21/20, which sought to specifically regulate AI, was approved by the House of Representatives in And in. The Brazilian National Congress is discussing a bill (Projeto de Lei – PL) that aims to regulate the moderation of content by social networks. The Eighth International Conference on Legislation and Law Reform will be held on October 24 and 25, , in Washington, DC.

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