September 15, 2021
Signed by President Jair Bolsonaro last week, the Provisional Measure #1,068/2021 – which changed the Brazilian Internet Bill of Rights to establish new rules for accounts and content moderation on social media platforms – was suspended on Tuesday (14) by Justice Rosa Weber, of the Brazilian Supreme Court (“STF”). On the same day, Senator Rodrigo Pacheco, President of the Senate, decided to dismiss the Provisional Measure as he considered it unconstitutional.
The new rules, now suspended, established that the exclusion of content and accounts could only be carried out with fair cause and motivation, and provided a list of situations that could fit into such a definition.
To delete accounts or content published by users, social media platforms would have to provide a motivated decision (i) indicating the specific breached portion of the contract for services or terms of service; (ii) specifying the post or conduct considered as violating the contract for services or terms of service; and (iii) informing the legal grounds for the decision.
Also, the Provisional Measure granted social media users the right to challenge and present defense or appeals against decisions on content moderation. In this sense, social media platforms would be required to provide an electronic channel to allow for the exercise of such right.
Justice Weber’s decision suspending the Provisional Measure was rendered in Unconstitutionality Lawsuit #6,991, filed by the Brazilian Socialist Party. Other 7 lawsuits – filed by political parties, Senator Alessandro Vieira, and the Federal Council of the Brazilian Bar Association – also challenged the rule before the STF.
Our team is closely monitoring any measures regarding internet regulation in Brazil and the Internet Bill of Rights. For more information regarding this matter, e-mail us at firstname.lastname@example.org.