Brazil: Adoption of provisional measure prohibiting social media platforms from banning certain content
Description
Adoption of provisional measure prohibiting social media platforms from banning certain content
On 6 September 2021, Jair Bolsonaro signed a provisional measure decree (No. 1068). Under the new rules, tech companies can only censor content, when it concerns threats of violence, terrorism, sexual crimes and cyberattacks, among others. Significantly, medical and political misinformation, among others, cannot be banned. The rules are in effect immediately but will expire in 60 or in case of a presidential renewal in 120 days. The Brazilian congress will have to ratify the rules until then in order for them to turn into law.
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
Private organisation
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
Sanctions
Fine
Regulated subjects
1
content: illegal speech: hosting (any form)
Regulatory tool
Takedown requirement
Sanctions
Fine
Regulated subjects
1