The rapporteur of Bill (PL) 2.630/20, which creates rules to combat fake news, deputy Orlando Silva (PCdoB-SP), filed his opinion on Thursday night (27). Known as PL das Fake News, the project begins to be analyzed by parliamentarians next Tuesday, May 2. The PL institutes the Brazilian Law of Freedom, Responsibility and Transparency on the Internet, which establishes norms and transparency mechanisms for providers of social networks, search engines and instant messaging, as well as guidelines for their use. The text emphasizes that such measures will not imply a restriction on freedom of expression or artistic, intellectual or satirical, religious, political, fictional, literary manifestations “or any other form of cultural manifestation”. Principles The rapporteur’s opinion describes principles to be observed by providers, which include observations on the defense of the Democratic State of Law and the strengthening of democracy, political pluralism and the free exercise of expression, among others – to prevent or reduce illegal practices and fight publications that may incite a coup d’état, terrorism, suicide, crimes against children or adolescents, in addition to discrimination or prejudice. It also details objectives, obligations, duties, sanctions and liability of providers (social networks, instant messaging applications, search engines, for example) for repairing damages – in addition to establishing that providers must grant access to “data that contribute to the detection, identification and understanding of systemic risks” generated by them. The parliamentary immunity provided for in the Federal Constitution – which gives deputies and senators freedom to express their opinions – will be extended to content published on social networks and sent by private messages”. Excerpt removed The rapporteur removed from the text the excerpt that foresaw the creation of a special autarchy destined to the inspection of compliance with the law – something that could hinder the processing of the matter in parliament. The text provides that, in cases of non-compliance with the law and risk to the fundamental rights of the population, the inspection of providers will be in accordance with their own regulations. Among the duties provided for providers is to provide transparency on the use of recommendation algorithms, a tool that allows social networks and applications to direct content based on each user’s browsing patterns. In the chapter on copyright and related rights, the proposal provides for the remuneration, by providers, of content protected by copyright (including musical and audiovisual content, as well as texts) and also journalistic content. Fines Marketing use – direct or indirect – of sharing users’ personal data must follow the rules of the General Data Protection Law. Fines ranging from BRL 50,000 to BRL 1 million per hour (counting from receipt of notification) are foreseen for cases in which providers fail to comply with court decisions that determine the immediate removal of illicit content related to the commission of crimes. The fine may be tripled if it involves platform advertising. Upon becoming aware of suspicious information about a crime involving a threat to life, providers must “immediately” inform the competent authorities. Content removed or deactivated by law or court decisions, as well as removed data and metadata, must be kept for a period of six months. The text also provides that providers are represented by a legal entity in Brazil, and that access to identification and information about them are “easily accessible.” The urgent request for the processing of the Fake News PL was approved by the Chamber, on Tuesday (25), with 238 votes in favor and 192 against. In this way, the matter can be voted by the plenary, without the need to go through committees. *With information from the Chamber Agency
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