Skip to main content

Brazil’s Lula adds pressure on big techs by increasing their liability for illegal user content

SAO PAULO (AP) — Brazil’s President Luiz Inácio Lula da Silva signed two decrees on Wednesday that add to the pressure on big tech companies by increasing their liability for illegal content shared by its users and paving the way for investigations by a government body into their responses to such cases.

The moves toughen the environment in Brazil for giants like Google, Meta and TikTok, who have long tried to dissociate themselves with crimes online committed by users.

The first decree makes key adaptations to government regulations to align them with a decision by Brazil’s Supreme Court making big tech companies liable if they refuse to remove content by judicial order. It also enables the country’s national agency of data protection to investigate those cases. The second decree establishes guidelines for the protection of women in the digital environment.

Brazil’s government said in a statement that from now on platforms must analyze any complaints, and if the content is deemed criminal, remove it immediately, while communicating the decision to the person responsible. Possible penalties for non-compliance include warnings, fines and temporary suspension.

Big tech companies have not commented on the decision by Brazil’s government.

Patricia Peck, a council member of Brazil’s Data Protection Authority and author of 46 books on law and technology, said the country’s executive and judicial branches have pushed for big techs to be proactive against crimes online despite evident stagnation of the debate in congress.

“We don’t have specific legislation to hold these platforms responsible, we are taking a side road,” Peck told The Associated Press. “Those who develop these technologies must think about it with perspective of ethics, privacy, and security as a standard.”

Since the Brazilian Supreme Court ruling last year, these companies have had to actively monitor content that involves hate speech, racism and incitation to violence and act to remove it.

Lula’s move also expands the current law’s capacity to address the growth of digital fraud, online scams and new forms of online violence.

Mattheus Puppe, an expert on Brazil’s digital law, says the decrees seek to stop platforms from profiting from illegal publications and reinforce the country’s Supreme Court’s decision. But he has doubts on whether the government’s initiatives will indeed hinder online crime.

“It is not clear how well this will work because the agency that was chosen to investigate cases can barely do its job now,” Puppe said. “But it is true that it shouldn’t be up to companies to know what is lawful and what is not.”

Brazil’s approach to big techs is increasingly similar to that of the European Union, which has sought to rein in the power of social media companies and other digital platforms.

But it has unsettled the relationship between the South American nation and the U.S. government. Critics expressed concern that the move could threaten free speech if platforms preemptively remove content that could be problematic.

Earlier this year, a law that seeks to shield minors from addictive, violent, and pornographic online content took effect. The legislation requires minors under 16 to link their social media accounts to a legal guardian to ensure supervision and prohibits platforms from using addictive features such as infinite scroll and the automatic play of videos.

___

Follow AP’s coverage of Latin America and the Caribbean at https://apnews.com/hub/latin-america

Iran attacks Bahrain and Kuwait following US strikes, threatens to end talks to end the war

DUBAI, United Arab Emirates (AP) — Iran's paramilitary Revolutionary Guard launched drone and missile attacks Sunday targeting Bahrain and Kuwait in response to U.S. airstrikes that hit the Islamic Republic, and threatened a “complete halt” could come to negotiations to end the war if Washington continues its attacks. Efforts to reopen the Strait of Hormuz, the narrow mouth of the Persian Gulf that once carried a fifth of the world's oil and natural gas, without Iran's direct oversight sparked the crossfire now gripping the region. A multinational maritime body overseen by the U.S. Navy said Saturday that it would expand a route near Oman in the Strait of Hormuz to allow for both inbound and outbound traffic — setting up a new flashpoint with Tehran. Iran insists it alone must govern the strait after the war, upending decades of the world considering that the strait was international waters free for all, despite its sitting in Iran and Oman's territorial waters. Tehran has twice attacked vessels going through the Oman route, backed by a United Nations agency, in recent days. Early Sunday, the U.S. military’s Central Command said it struck Iranian military “surveillance infrastructure, communication systems, air defense sites, drone storage facilities and minelayer capabilities” following an attack on a ship at sea early Saturday morning. That ship, the Panamanian-flagged tanker Kiku, carried crude oil for the state-run energy company of Qatar, a key negotiator between Iran and the United States.
Read Next Story