Description

Adopted Civil Rights Framework for the Internet including content-related regulation

On 23 April 2014, the Brazilian parliament adopted the Civil Rights Framework (Marco Civil da Internet, lei n° 12.965) for the Internet. The Law introduces responsibility rules for platforms and establishes that providers are not liable for removal, except when a court order has been issued, in order to ensure freedom of expression and prevent censorship. In case of content removal, the Law specifies that the user responsible for the content must be informed of the decision. The Law further states that content that violates the honour, reputation or personality rights of a person may be brought before a court. Additionally, the Law defines that platforms can be responsible for third-party content if they ignore requests to remove content that violates an individual’s intimacy or sexual privacy.

Original source

Scope

Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
legislature
Government Body
parliament

Complete timeline of this policy change

Hide details
2014-04-23
adopted

On 23 April 2014, the Brazilian parliament adopted the Civil Rights Framework (Marco Civil da Inter…

2014-06-24
in force

On 24 June 2014, the Civil Rights Framework for the Internet (Law No 12.965/2014) entered into forc…

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 cross-cutting
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
content: illegal speech: hosting (any form)
Regulatory tool
Content monitoring requirement
Sanctions
Regulated subjects
1
personal data (all forms): storage (any form)
Regulatory tool
Obligation to make customer data available to government agencies
Sanctions
Regulated subjects
1

Policy change by business practice

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

content: illegal speech: hosting (any form)

personal data (all forms): storage (any form)