This Tuesday (2) Ministry of Justice and Public Security (IWSP) a measure of restraint has been introduced against Google Brazil in order to preserve consumer interest in the abuse of digital platforms. The deadline required modifications within two hours of the platform’s homepage and the way the company disclosed information about Bill 2630, Fake News LP. The measure provided for a fine of 1 million reais per hour in case of non-compliance.
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The decision is aimed at clarifying possible actions against the legislation and combating disinformation on social networks.
According to the Minister of Justice, Flavio Dino, the solution tries to preserve the rights of consumers. The Minister explained that National Consumer Secretariat (Senacon) there are signs that platforms will prioritize their own opinions and interests and manipulate terms of use in favor of economic interests.
“Senacon found dozens, if not hundreds, of indications that some companies supported their own solution and manipulated their terms of use to favor what suits them at the expense of other voices. This is censorship. And Senacon’s duty is to make sure that no one manipulates free speech in Brazil.” said Flavio Dino.
The measure was taken after Google included the text “The fake news bill could add to the confusion about what is true and what is false in Brazil.“, on the main page of a search engine that has about 3.5 billion page views per month.”What is this according to the law? Editorial? But they say they are not a communications company. If it’s a technology platform, then it’s advertising. If it is an advertisement, it must be labeled as such so that consumers know that it is a company advertisement.“, – said Flavio Dino.
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According to the minister, consumers continue to complain that the platform will prioritize project content within users’ timelines with algorithm changes. Senacon believes that this action constitutes misleading and offensive advertising and violates the Consumer Protection Code. Faced with the fallout, the company removed the link from the front page of the search tool portal minutes after the press conference.
Minister Flavio Dino also recalled that proposal PL 2630 is not directly related to the government and has been discussed in Congress for more than three years, but that PL is a matter of time. “This is not only supported by the Constitution, but required by the Constitution. The constitution prescribes regulation in accordance with Article 222 of the Federal Constitution.“.
The precautionary measure aims to guarantee freedom of speech and transparency for consumers while maintaining their rights to access reliable information and without manipulation. Senacon strengthens its position in the fighting
Administrative process at Senacon
Senacon has initiated administrative proceedings against Google in addition to imposing a precautionary measure for the company to present its defense on the matter within 20 days. The decision on the process could lead to sanctions ranging from fines that can reach up to 13 million reais to the suspension of the company.
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Under a precautionary measure based on the Consumer Code, a company must signal its own advertising content published on its services and inform consumers of any conflict of interest that may affect the provision of its services. In addition, the company must report any interference in the search indexing system related to the discussion of PL 2630 and not censor positions other than the position of the company’s editorial staff in their communities and applications. The company also cannot give preference to positions that coincide with its editorial position. The obligation to inform consumers about the commercial interest of the company in relation to the said legislative proposal must be fulfilled within two hours after notification. The measure of restraint provides for a fine in the amount of Rs. 1,000,000 (one million reais) per hour from the time of notification in case of non-compliance due to the misleading and offensive nature of the advertisement and the proximity of the voting date on the legislative proposal.
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Source: Presidential Public Communications Secretariat.
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