Plan B in the works if censorship bill, aimed to ‘regulate’ Big Tech, is delayed in Brazil

The government of Luiz Inácio Lula da Silva is preparing a backup plan in case the censorship bill (fake news bill) PL 2630, aimed at regulating big tech companies, is not approved on time.

The primary concern is establishing rules for digital electoral campaigns by October of this year, intending to implement them in the 2024 municipal elections.

According to the principle of annuality, changes to electoral rules must be approved at least one year in advance.

As part of the contingency plan, the government is considering shorter deadlines and higher fines for platforms that fail to remove content during the critical periods before and after elections.

Additionally, online electoral propaganda may be prohibited during specific periods.

The proposed plan also requires major tech companies to maintain real-time libraries of political advertisements, ensuring transparency and oversight.

The Lula administration is working on these options alongside the progress of PL 2630, as it believes that achieving a minor reform would be more feasible than a complete overhaul of the Electoral Code.

In parallel to the potential changes to the Electoral Code, the National Secretariat of Consumer Affairs (Senacom), affiliated with the Ministry of Justice, issued an ordinance stipulating suspending services for social networks that fail to combat violent or threatening content in Brazil.

The ordinance also includes a fine of R$12 (US$2.5) million for non-compliant companies.

Preliminary investigations have been initiated against Google, Meta/Facebook, TikTok, Twitter, Kwai, and Telegram.

These processes may result in adjustments to the platforms’ privacy policies.

Congressman Orlando Silva (PCdoB-SP), the rapporteur of the Fake News (censorship) bill, is expected to issue a new report on the proposal after the parliamentary recess.

However, there is no consensus yet on which body will be responsible for oversight.

Some lawmakers suggest that Anatel, the national telecommunications agency, should oversee and enforce the new rules for internet platforms.

However, civil society organizations and parts of the government oppose this choice, arguing that the agency is “captured” by the interests of large telecom companies and certain parliamentarians.

The vote on the bill was postponed in April due to insufficient support from Silva and the President of the Chamber of Deputies, Arthur Lira (PP-AL).

With information from Revista Oeste