Brazilian Congressional Bill No. 2630
National Congress of Brazil
  • Institutes the Brazilian Law of Freedom, Responsibility and Transparency in the Internet
CitationPL 2630/2020
Territorial extentWhole of Brazil
Passed byFederal Senate
Passed30 June 2020
Considered byChamber of Deputies
Legislative history
First chamber: Federal Senate
Introduced byAlessandro Vieira (Cidadania-SE)
Introduced13 May 2020
First reading13 May 2020
Second reading30 June 2020
Voting summary
  • 44 voted for
  • 32 voted against
  • 2 abstained
  • 2 absent
  • 1 present not voting
Second chamber: Chamber of Deputies
Received from the Federal Senate3 July 2020
Committee responsibleScience, Technology and Innovation
First reading3 July 2020
Status: Pending

The Brazilian Congressional Bill No. 2630, officially Brazilian Law on Freedom, Responsibility and Transparency on the Internet[1] and dubbed by the Brazilian media the Fake News Bill (Portuguese: PL das Fake News) and Censorship Bill (Portuguese: PL da Censura) by its opponents,[2] is a pending bill being considered by the National Congress of Brazil which is intended to fight the spread of disinformation, including fake news, in social networks and messaging apps.[3][4][2]

Among the measures proposed in the bill are the mandatory identification of accounts in social networks and instant messaging apps, the creation of mechanisms for content checking, the accountability of digital platforms and users for damage caused by spreading fake news.

The bill caused controversy and debates among specialists, politicians and civil society, with opinions divided as to its effectiveness and possible impacts on freedom of speech and privacy of users in the internet.[5]

History

The bill was published on 30 June 2020 by socialist Senator Alessandro Vieira (Cidadania-SE) and other parliamentarians,[1] with the intention of creating measures for creating accountability for the spreading of fake news in social networks and digital platforms.

The bill aims to achieve this by creating a Council for Transparency and Accountability in the Internet, the objective of which is to inspect the digital platforms and guarantee transparency and accountability of their content. It also establishes the mandatory identification of users in platforms and messaging apps, also the prohibition of creation of fake accounts.[6]

In addition, the bill requires digital platforms to check the veracity of information that can cause damage to health, public security and economic order, and to delete or immediately suspend profiles that violate the rules of conduct.

The bill caused controversy since its introduction, specially about its effectiveness in fighting the spreading of fake news and its possible impact on freedom of speech and digital privacy. The bill passed in the Federal Senate on 30 June 2020 and it's pending in the Chamber of Deputies, with voting scheduled for 2 May 2023.[7][8]

Corporate response

In early May 2023, when the bill was about to be approved, Google and Telegram used their own platforms to express their opposition to the bill to their Brazilian users, and soon after were forced to back down by government institutions.[9][10]

On May 1, 2023, Google placed an ad against the bill on its home search page in Brazil calling on its users to ask congressional representatives to oppose the legislation. Government and judiciary accused the company of undue interference in the congressional debate, saying it could amount to abuse of economic power and ordering the company to change the ad within two hours of notification or face fines of R$1 million (2023) (US$185,528.76) per non-compliance hour. The company then promptly removed the ad.[9][11]

On May 9, Telegram told its users that the bill would end freedom of speech in the country.[10] The Supreme Federal Court ruled that Telegram must issue a retraction message to the same users, otherwise it would face a 3-day block and an hourly fine of R$500,000 (2023) (US$92,764.38). The company complied with the ruling.[12][13]

On May 11, the president of the Chamber of Deputies requested that the directors of Google and Telegram in the country be investigated for their actions against the bill, describing these actions as forceful and abusive of the companies' hegemonic positions in the market, motivated by economic interests, and cited possible crimes against democratic institutions.[14]

References

  1. 1 2 Draft bill No. 2630 of 2020 (in Portuguese). National Congress of Brazil. Archived from the original on 25 April 2023.
  2. 1 2 "Telegram calls Brazil disinformation law 'attack on democracy'". France 24. Agence France-Presse. 9 May 2023. Retrieved 10 May 2023.
  3. ↑ Vieira Machado, Caio; Carnevalli, Victor; Pereira, Laura (18 April 2022). "PL das Fake News: entenda o que é, seu impacto e as principais críticas". JOTA (in Portuguese). Archived from the original on 26 April 2023. Retrieved 26 April 2023.
  4. ↑ "O que é o PL 2630 das Fake News? Veja perguntas e respostas sobre o projeto que tramita no Congresso". Estadão (in Portuguese). 25 April 2023. Archived from the original on 26 April 2023. Retrieved 26 April 2023.
  5. ↑ Oliveira, Wesley (24 April 2023). "Votação do PL das fake news provoca racha de forças políticas na Câmara dos Deputados". Gazeta do Povo (in Portuguese). Archived from the original on 26 April 2023. Retrieved 26 April 2023.
  6. ↑ Vasconcelos, Esther (25 April 2023). "PL das Fake News: entenda a proposta". Jornal Contábil (in Portuguese). Archived from the original on 26 April 2023. Retrieved 26 April 2023.
  7. ↑ "Senado aprova projeto de combate a notícias falsas; texto vai à Câmara". Senado Federal (in Portuguese). 30 June 2020. Archived from the original on 26 April 2023. Retrieved 26 April 2023.
  8. ↑ "Projeto das fake news tem urgência aprovada e irá a voto na próxima terça". Câmara dos Deputados (in Portuguese). 25 April 2023. Archived from the original on 26 April 2023. Retrieved 26 April 2023.
  9. 1 2 "Brazil receives pushback from tech companies on 'fake news' bill". The Guardian. 3 May 2023. Retrieved 10 May 2023.
  10. 1 2 "Telegram calls Brazil disinformation law 'attack on democracy'". France 24. Agence France-Presse. 9 May 2023. Retrieved 10 May 2023.
  11. ↑ "Brazil's 'fake news' bill sparks outcry from tech giants". Al Jazeera. 2 May 2023. Retrieved 11 May 2023.
  12. ↑ "Moraes manda Telegram apagar mensagem contra PL das Fake News sob pena de suspender app". G1 (in Portuguese). 10 May 2023. Retrieved 11 May 2023.
  13. ↑ "Telegram se retrata após determinação do STF" [Telegram retracts after supreme court ruling]. CNN Brazil (in Portuguese). 10 May 2023. Retrieved 11 May 2023.
  14. ↑ "PGR pede ao STF inquérito para investigar diretores de Google e Telegram por ação contra PL das Fake News" [Prosecutor General requests Supreme Court inquiry to investigate directors of Google and Telegram for action against Fake News bill]. G1 (in Portuguese). 11 May 2023. Retrieved 11 May 2023.
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