Brazil: Drafted decree requiring judicial approval for content moderation
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Description
Drafted decree requiring judicial approval for content moderation
President Jair Bolsonaro announces the draft of a decree which would make it illegal to delete content or suspend users without a court order. Platforms could thus not moderate content without a prior judicial decision. The decree aims to clarify the Civil Rights Framework for the Internet (Lei n° 12.965/2014) by complementing the provisions of the existing regulatory Decree n° 8771/2016.
Original sourceScope
Policy Area
Content moderation
Policy Instrument
User speech right
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
national
Government Branch
executive
Government Body
central government
Complete timeline of this policy change
Hide details
2021-05-17
under deliberation
2021-09-06
adopted
2021-09-14
revoked
Key regulatory dimensions
Regulated subjects
The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type
Any
Economic activity
platform intermediary: user-generated content
Category
All
Policy change by business practice
The detailed activities within the scope of this policy or regulatory change.
user content: any format: hosting (any form)
Regulatory tool
Content takedown prohibition
Sanctions
Regulated subjects
1