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New Electoral Code Aims to Regulate Digital Campaigns in Brazil

Strategic Insights

— 1 min read

The use of digital resources in electoral campaigns dominated the second part of the Constitution and Justice Commission's (CCJ) public hearing to instruct the new Electoral Code. The text under analysis proposes to limit court removal of online accounts to cases where electoral rules or person's rights are violated. The CCJ also discussed banning online accounts and content, with several senators criticizing the proposal as prior censorship.

Key Takeaways:

  • The new Electoral Code proposes to limit court removal of online accounts to cases where electoral rules or person's rights are violated.
  • Banishing online accounts is prohibited, except by court decision or in case of publications by unidentified persons.
  • Senator Rogerio Marinho (PL-RN) criticized the proposal as flagrantly unconstitutional and a form of prior censorship.
  • Carlos Portinho (PL-RJ) ratified that banishment is the most hated penalty because it brings with it a certain level of censorship.
  • Digital Council Regulatory Coordinator Roberta Benatti stressed that banishment, cancellation, suppression, and deletion of accounts should be treated as distinct measures, not equated at the same level.
  • Platforms should publish their moderation policies by June 1 of the election year and depict any extemporaneous changes made.
  • Political scientist Alexandre Arns Gonzales proposed establishing obligations for digital platforms to report their accounts and content actions throughout the election year.
  • Means should be established for research institutions to audit these reports or produce their own evaluations.

Statistics:

  • 29: The date of the public hearing in the Constitution and Justice Commission (CCJ).
  • 1 June: The deadline for platforms to publish their moderation policies.

Sources:

  • Senator Marcelo Castro (MDB-PI) - CCJ
  • Senator Rogerio Marinho (PL-RN) - CCJ
  • Senator Carlos Portinho (PL-RJ) - CCJ
  • Roberta Benatti, Digital Council Regulatory Coordinator
  • Alexandre Arns Gonzales, political scientist
  • Ina Jost, InternetLab Research Coordinator
  • Bruna Martins dos Santos, Representative of the Task Force Elections of the Rights Coalition on the Network

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