Understanding the sudden changes to Brazil’s Internet Law

| Sep 9, 2021 | DANIEL INOVA TECHNOLOGY, Technology

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.

With the signing and publication of the Provisional Measure on September 6th, there has been considerable discourse on what these changes mean for freedom of expression and the possibility of excluding content on the Internet in accordance with companies’ terms of use. The fact that these are sensitive changes implemented through urgent legislative measures, and therefore devoid of further legislative debate, also raised concern.

Just two days after its publication, the Provisional Measure has already been the target of at least five constitutional actions proposed by different political parties. Our team is aware of the changes and debates that have been taking place since the publication of the standard and can provide a clear overview of each modification. The Provisional Measure entered into force on the date of its publication. However, providers will have a period of 30 days to change their terms of use and policies in accordance with the new legislation.

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.

Daniel Law stays up to date on all legislative changes and major news that affect the area of technology and the Internet. If you have any questions, you can contact us by e-mail at [email protected].


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