training events with diverse actors, from both
public and civil society organizations. One example
is workshops during which the methodology for
identifying disinformation is presented so that it
can be applied by the workshop participants.
PUBLIC INSTITUTIONS
One of the strategies employed by public
authorities involves verifying information, refuting
fake news, and providing additional information.
This method has been adopted by the Chamber
of Deputies42 and by the federal government,
particularly the Ministry of Health, during the
Covid-19 pandemic.43 In the course of the 2018
attacks against the Electoral Justice by candidates
and political groups (with allegations of electoral
fraud), the TSE launched a series of campaigns
and initiatives to combat false content. In 2017, it
promoted a set of debates to generate proposals
for the rules of the 2018 elections. In that same year
it created a group with the participation of civil
society entities and the Brazilian Internet Steering
Committee (CGI.br, Comité Gestor da Internet
no Brasil).44 The institution also held dialogues
and signed partnerships with digital platforms to
combat disinformation during elections.
In 2019, the Federal Supreme Court (STF)
opened an investigation into the production and
dissemination of fake news with content that
is detrimental to democracy, the Court itself,
and some of its members. The narratives are
allegedly promoted, in general, by supporters of
President Jair Bolsonaro. The inquiries began in
2020 and were ongoing at the time of writing, in
2021. The process has already resulted in arrests
and the issue of search-and-seizure warrants for
politicians, bloggers, and businesspeople allied
with President Bolsonaro.
LAWS AND LEGAL INITIATIVES
In Brazil, there are laws that directly or indirectly
address disinformation practices. The Criminal Code
contains a section referring to crimes against honor,
which comprise the crimes of difamação (imputing
to someone a fact that is offensive to his or her
reputation), calúnia (falsely portraying someone as
the author of a crime), and injúria (offending the
dignity of another person).
I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH
The electoral legislation also prohibits the
spreading of false information. The Electoral
Code (Law No. 4737 of 1965) makes it a crime to
advertise facts about parties or candidates that are
known to be untrue and that have the potential to
influence voters, or to slander someone in electoral
propaganda by falsely claiming that the person has
committed a crime. The law also defines as a crime
any attempt to provoke the instigation of judicial or
administrative proceedings by attributing a crime
to someone when the complainant knows that the
accused is innocent.
Furthermore, Brazil has many bills that regulate
disinformation, directly or indirectly. Based on the
narrative that the country’s institutions are being
attacked and that something needs to be done,
the passing of legislation to address disinformation
and regulate social media has become the object
of significant political pressure from different sides
of the opposition to the government of Bolsonaro.
The “fake news bill” (Bill No. 2630/2020) can
be read like a description of the political crisis
Brazil is going through. Still, it has the potential
to be weaponized beyond its current capacity to
resolve the crisis or to address authoritarian trends
within the public sphere. It poses certain risks to
fundamental rights, such as data retention and
the “traceability measure” in instant messaging
applications. The bill obliges applications to
store for three months all the data necessary to
identify the author of content shared between
users whenever the message is “mass forwarded.”
This covers all messages that were sent by more
than five users to groups and transmission lists,
in a period of fifteen days, and that reached over
1,000 users. This measure will target every viral
message as suspicious and will endanger users who
forward content for a number of reasons. There is
also a risk that social movements and activists will
end up being targeted if a court requests the data
associated with their messages.
The bill also establishes certain conditions
to enhance “user identification.” For example,
platforms may have to require users to identify
themselves by presenting a valid ID in case they
receive “reports” of illicit behavior—a very generic
and open-ended requirement that triggers the
obligation to collect personal user data. These
provisions, and the requirement of a valid contract
with an ISP to access certain messaging services,
could create barriers for accessing the internet
and its applications. Moreover, some aspects of
the proposal need improvement, such as content
moderation. The bill seeks to establish protections
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