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Brazil: Drafted decree requiring judicial approval for content moderation

Policy overview

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 th…

Scope

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

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2021-05-17
under deliberation

President Jair Bolsonaro announces the draft of a decree which would make it illegal to delete cont…

2021-09-06
adopted

On 6 September 2021, Jair Bolsonaro signed a provisional measure decree (No. 1068). Under the new r…

2021-09-14
revoked

The Supreme Federal Court, the supreme court of Brazil, has suspended the provisional measure decre…

2021-09-14
rejected

The president of the Federal Senate, the Upper House of Brazil's National Congress, has returned pr…

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

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

user content: any format: hosting (any form)