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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…