Brazil’s Censorship Bill: Alexandre de Moraes wants to punish social networks

By Anderson Scardoelli and Rute Moraes

The president of the Superior Electoral Court (TSE) and Justice of the Supreme Court (STF), Alexandre de Moraes, went to the National Congress on Tuesday afternoon, 25.

At the headquarters of the federal legislature, he delivered a document with proposed changes to Bill (PL) 2630/2020, the Censorship Bill.

Moraes delivered the material to the president of the Senate, Rodrigo Pacheco (PSD-MG), and the president of the House of Representatives, Arthur Lira (PP-AL).

In the document, Moraes lists five suggestions for the final text of the project that has already been approved by the senators and, on Tuesday night, had its request for urgency validated for consideration by the full House of Representatives – which should occur next week.

In the document approved by the TSE, Moraes defends more punishment against social networking platforms and messaging applications.

In practice, the Justice registers the idea of implementing sanctions against companies like Meta (which is also responsible for Facebook, Instagram, and WhatsApp), TikTok, and Telegram.

Moraes argues that social media platforms are liable – civilly and administratively – in at least three situations:

• Dissemination of algorithm-directed boosted and advertising content, the distribution of which has been carried out through payment to the social media provider;
• Existence of inauthentic accounts and artificial distribution networks; and
• When content and accounts are not immediately made available when determined by the Judiciary.

Aside from the issue involving social networks and messaging applications, the Justice asks that the final text of the Censorship Bill determine punishments against whoever, according to him, is responsible for “sharing facts that are known to be untrue or seriously out of context that affect the integrity of the electoral process, including the processes of voting, counting, and tallying votes.”

THE RAPPORTEUR OF THE CENSORSHIP BILL DID NOT RECEIVE ANY SUGGESTIONS FROM MORAES

The rapporteur of the Censorship Bill in the House of Representatives, Orlando Silva (PCdoB-SP), said that he has not yet received the material delivered by Alexandre de Moraes to the president of the Senate.

He said he would analyze the material sent by the Justice until Thursday, 27.

The full document can be read here (in Brazilian Portuguese)

With information from Revista Oeste