In Brazil, there’s a new law that is being proposed that will allow the government to censor social media posts. The law is called PL 2630/2020 and it’s being called the “Fake News Law”. It’s a very dangerous law that will allow the government to censor any post that it deems “fake news”. The problem is that the definition of “fake news” is very broad and can be used to censor any post that the government doesn’t like.
It is actually already being used to do exactly that. On May 2nd, 2023, the Ministry of Justice ordered Google to remove a blog post from its main page. This blog post was Google’s opinion on the law and why Google think it is bad. You can find it here.
Then, on May 12th, 2023, the Supreme Minister Alexandre de Moraes opened a criminal investigation of the Google (and Telegram) directors, on the grounds of “abusive campaign against the PL 2630/2020”. I don’t think that constitutes a crime, but the Supreme Minister does. For my point of view, it’s just an opinion, and it’s not a crime to have an opinion. Despite not liking Google, I think that it is a valid participant in the discussion of the law. Such discussions should happen in a healthy democracy.
Of course, Google used its power to promote its opinion, but again that’s not a crime. Let’s do a thought experiment, let’s go back to 1850s USA. Dred Scott v. Sandford (1857), according to Wikipedia, was a “landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, and thus they could not enjoy the rights and privileges the Constitution conferred upon American citizens”. That’s pretty bad decision, right? Anyone in their right mind today would agree that violates human rights. Now, imagine that one of the most powerful companies at that time, Pacific Main Steamship Company, would use its power to promote the abolitionist movement. Specifically, it would give a pamphlet to every passenger that boarded its ships with the opinion that the American citizenship should be extended to people of “black African descent”. What would happen to the company? Would it be a crime to promote the abolitionist movement? Would the Supreme Court open a criminal investigation against the company and its directors? Think about this for a moment…
The problem with censorship is that it’s very easy to abuse. I honestly don’t care about Google, or the PL 2630/2020. I know that the internet is decentralized, and content will always find its way and be available somewhere. There’s no way to stop it. But, I am gravely concerned with the precedents that the Brazilian government and Brazilian Supreme Court are setting when they censor opinions that they don’t like.
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