The Brazilian Bar Association (OAB) sent the President of the Senate, Rodrigo Pacheco (DEM-MG), an opinion pointing out unconstitutionalities in MP 1.068/2021 for violation of freedom of expression and information, and the guarantees of free and free enterprise competition, in addition to favoring the dissemination of disinformation and speeches that undermine the democratic order. The text signed by the Chief Executive changes the Marco Civil da Internet.
The report is signed by Felipe de Santa Cruz, president of the Federal Council of the OAB, by Marcus Vinicius Furtado Coêlho, president of the National Commission for Constitutional Studies, and by Estela Aranha, president of the Data Protection and Privacy Commission of the OAB-RJ. It was delivered to the Senate this Wednesday afternoon (8).
::: Read the full OAB opinion :::
“The Provisional Measure, clearly, aims to prohibit platforms from acting spontaneously in the fight against misinformation, the dissemination of untrue information related to public health issues and also speeches tending to weaken the democratic order and integrity of the Brazilian electoral process, considering that conducts and contents of this nature are not found in the hypotheses of “just cause” for the performance of the platforms without judicial intervention”, says the OAB.
Edited on the eve of the September 7 coup acts, the text prohibits “social network providers from adopting criteria of moderation or limiting the scope of dissemination of content that imply political, ideological, scientific, artistic or religious censorship.” In practice, the measure makes it difficult to combat rumors, distorted information and lies disseminated with political objectives.
:: Bolsonaro edits MP that changes the Internet’s Civil Law and facilitates fake news ::
One of the provisions of MP 1.068/2021 provides that “in compliance with freedom of expression, communication and expression of thought, the exclusion, cancellation or suspension, in whole or in part, of the services and functionalities of the account or user profile of social networks can only be done with just cause and motivation”.
Among points that would represent “just cause”, the MP provides for default by the user, accounts created for the purpose of assuming or simulating the identity of third parties to deceive the public and compliance with a court decision.
::: Read the full MP 1.068/2021 :::
President of the Fake News CPMI, senator Angelo Coronel (PSD-BA) sent an official letter to the president of the Senate, Rodrigo Pacheco (DEM-MG), asking for the MP to be returned. According to him, the topic, “widely controversial”, requires more debate in the National Congress. Therefore, “it could never be the object of a provisional measure”.
Senator Otto Alencar (PSD-BA), a member of the CPI of Covid, took a stand in defense of immediate return or rejection by vote with “maximum urgency”. In this way, he argued, “Congress preserves its haughtiness and autonomy.” He said he considered it “abominable (that) the only project of the Bolsonaro government (is) to encourage hatred in Brazil.” For Senator Zenaide Maia (Pros-RN), the MP “only benefits hate networks and fake news producers.”
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On Wednesday (8), Justice Rosa Weber was defined as the rapporteur of seven actions that request the suspension of the effects of Provisional Measure 1.068/2021. The magistrate was not drawn, but designated, as she is already the reporter of an action on the possibility or not of court decisions authorizing the blocking of messaging application services.
Six actions were filed by parties: PT, PSB, PSDB, Novo, PDT and Solidariedade. Senator Alessandro Vieira (Cidadania-SE) filed a writ of mandamus individually.
Edition: Vivian Virissimo