On September 6, the Brazilian President enacted Provisional Measure No. 1,068 of 2021, amending the provisions of the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet). This move regulates some issues on the use of social networks, with special emphasis on issues related to freedom of expression and content moderation.
The new wording creates a series of obligations for Internet content providers regarding content moderation on their platforms. The adopted changes concern the duty to inform the user about the suspension or cancellation of functionalities, content or the account itself, but also the creation of a new right to adversarial proceedings, a full defense and appeal.
In addition, a point that has generated considerable controversy is the obligation to have a “just cause” and motivation for the deletion, cancellation or suspension, in whole or in part, of any content or account.
Finally, it is important to emphasize that the Provisional Measure will need to be analyzed and ratified by Congress within 60 days (extendable by another 60 days). In the case that this does not occur the standard will lose its effect.
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