Exclusion of article in Fake News Bill opens loophole for government to decide by decree who will regulate social media.
The main concern was the exclusion of the article that established the creation of an entity responsible for regulating and overseeing, without specifying who would be responsible for the task.
247 - The report presented by Congressman Orlando Silva (PCdoB-SP) on the bill that aims to create a regulatory framework for the internet, known as the Fake News Bill, has generated concern among the Chamber's technical staff. The main concern was the exclusion of the article that established the creation of an autonomous entity responsible for regulating and overseeing digital platforms, without specifying who would be responsible for this task.
According to House technicians, when the rapporteur does not specify who will be responsible for overseeing large technology companies, it opens a loophole for the government to decide, by decree, who will be the regulatory agent. In the preliminary version of the report, Orlando Silva proposed the creation of an autonomous entity to oversee the activities of companies that manage social networks and instant messaging applications, but this section was considered problematic and was eventually removed.
Legislative experts argue that the amendment created another problem, as it left open who would be responsible for oversight, giving the President of the Republic a "blank check." The rapporteur raised the possibility of designating the National Telecommunications Agency (Anatel) to handle the oversight, but this idea did not gain consensus.
Without the definition foreseen in the project, Orlando Silva suggests that it will be up to the courts to decide on the regulation of the Fake News project. However, legislative technicians believe that the absence of a definition leaves room for the government to decide on the regulation, which could be done by the Executive branch.