Brazil’s Bolsonaro signs Provisional Measure requiring social networks to justify content removal

RIO DE JANEIRO, BRAZIL – President Jair Bolsonaro on Monday (6) issued a Provisional Measure amending Brazil’s Internet Framework statute, in order to fight the “arbitrary and unjustified removal of accounts, profiles and content by providers,” the Special Secretariat for Social Communication (SECOM) said.

“President Jair Bolsonaro has just signed a provisional measure amending the Brazilian Civil Rights Framework for the Internet, thereby bolstering network users’ rights and guarantees and fighting [the arbitrary and unjustified removal of accounts, profiles, and content by providers],” SECOM tweeted.

Bolsonaro’s decision came on the eve of the September 7 protests, which he will attend and after numerous profiles on platforms, including the president’s own, have had their content suspended for violating network rules.

An example of this occurred in July, when YouTube removed videos published on the president’s channel, in which he advocated the use of chloroquine and ivermectin in the treatment of Covid-19, despite scientific evidence of both drugs’ inefficacy against the disease.

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According to SECOM’s tweet, the Provisional Measure aims to ensure greater transparency regarding the “policies, procedures, measures and tools” used by social network providers to cancel or suspend content and accounts.

“Freedom of expression: in addition to the requirement of just cause and justification in case of cancellation, suspension and exclusion of content and features of social network accounts, the provision also foresees the right to restitution of the user’s content posted on the network,” it said.

In a statement, the General Secretariat added that the provisions amending the statute were specifically incorporated to enable “measures and tools used for the purpose of potential content moderation, as well as the right to contest, full defense and appeal in cases of content moderation by the social network provider,” for instance.

According to the statement, the social network provider will also be required to notify the user, stating the measure adopted and providing the reasons for the content moderation decision, as well as information about deadlines, electronic communication channels, and procedures for contesting and reviewing the decision.

The statement, which cites articles of the Constitution on freedom of expression and expression of thought, noted that there are 150 million users on social networks that play a key role in mediating personal and professional relationships for a significant portion of the population, and that these electronic media have become “an important tool for the expression of ideas and opinions by millions of Brazilians.”

“The urgency and relevance of the measure [constitutional requirements for a Provisional Measure to be valid] stem from the fact that the arbitrary and unjustified removal of accounts, profiles and content by social network providers, in addition to undermining the public debate of ideas and the exercise of citizenship, results in a mass violation of fundamental rights and guarantees such as freedom of expression and the exercise of the right to contest and full defense,” the secretariat reinforced.

Facebook, Twitter and Google did not immediately comment on the new provisional measure.

Under Brazil’s 1988 Constitution, Provisional Measures are decrees issued by the President that have the force of law when enacted; however, they lose their legal effect if not ratified by Congress within 60 days.