MP that changes the Civil Law on the Internet can generate legal uncertainty, says CGI

The Internet Steering Committee in Brazil ( released an extensive note in which it shows concern with the impacts of the MP 1068/1068, which establishes rules for the removal of content from social networks and deleting profiles. The CGI pointed to “potential consequences of legal uncertainty”, which can impact the innovation sector and generate damage to “the performance of actors on the Internet”.

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In practice, the MP obliges the so-called social network providers to justify removals and offer an electronic communication channel dedicated to the exercise of full defense and contradictory. In case of removal of the content, the platform will need to restore texts, videos, photos and the like when required, including profiles that have been deleted for non-compliance with the service guidelines.

The CGI criticized the MP and stood up available to the authorities to contribute (Image: dole1068/Unsplash)

The highest authority of the Brazilian internet defended the precepts of the Marco Civil da Internet, in particular art. , which deals with the preservation of freedom of expression, prohibition of censorship and guarantee of respect for rights humans. According to the CGI, the debate on the rules on the role of large providers is fundamental, but the objective must be “the balance between the users’ freedom of expression and the correct application of the terms of use of each provider”.

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Nevertheless, the committee alerts to the risks of altering structures already present in current legislation, which would open space for “excessive regulation on the one hand” and for norms that may become outdated in a short time. This indicated excess could result in legal uncertainty for the country, as it would have an impact on the innovation and performance of social media, with effects also for users.

Increase in lawsuits in the Judiciary

Another point raised is in relation to the increase in shares in the Brazilian Judiciary, which has more than 62 millions of lawsuits in process, according to data provided by the CGI . These “excessive limitations on the performance of providers” could cause an avalanche of processes with requests for reinstatement of removed content, which would be bad for Brazil in the assessment of the agency.

Finally, the committee made itself available to the authorities to collaborate in the debates, “in the best effort to protect citizen users and to define the best paths for the good development of the Internet in Brazil”.

Especially produced by Canaltech, expert lawyer Leandro Nava considered the measure excessive and unreasonable , for not meeting the urgency requirements of a Provisional Measure. He also criticized the fact that the matter was legislated without discussion with those involved and said he believed it had an impact on the performance of social networks.

Political parties also filed suits in the Supreme Court (STF) to try to stop the MP 1024/1068, considered unconstitutional by them. For now, there is no deadline for the highest level of the Brazilian Judiciary to take a stand on the issue. The National Congress will have 62 days to decide whether or not to approve the legislation – if there is no manifestation within the deadline, the MP will expire.

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