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Draft Bill 215/2015, infanticide to the newly-born digital rights in Brazil

Document Citado por Related
Vincent
AutorBruno Ricardo Bioni
Páginas98-100

Page 98

See note 41

Still fresh in the memory of all Brazilians as well as all the internet governance community, is the scene where president Dilma Rousseff signed the Law 12.965/2014 on April 23rd, 2014, at the stage of NetMundial. Most commonly known as Marco Civil/MCI (Civil Rights Framework), the law was a reactionary move against Internet-regulation proposals based on a criminal perspective and gained strength in 2007.

Instead of betting in a regulatory dynamic that would slow social participation in the net through punishment-based lenses grounded on criminal law, upholding users’ rights and guarantees as an incentive were the chosen path.

Beyond its normative content, the MCI was also singular due to its formulation process. Engaging with the society culminated in its famous collaborative process – the elaboration of an online platform, widely accessed and diffused throughout society. It took seven years between the articulation and elaboration of the MCI and its approval at the national congress; now with more than one year, this successful and internationally applauded experience of the Internet Bill of Rights faces a great threat.

Page 99

An agenda revoking the important chapter on national democracy is now circulating within the Congress. Already approved in the Chamber of Deputies’ Commission on Constitution, Justice and Citizenship, the Draft Bill 215/2015 meets/goes against with the history of the MCI and its regulatory pillars by proposing changes in some of its apparatuses.

First, the punitive discourse is reclaimed as a regulatory strategy. This legislative initiative supports a questionable criminal policy for crimes/ offenses against honor and seeks to make it stricter by increasing punishments for such crimes (when practiced through/on the Internet). In practice, this punitive regulatory framework could collaterally damage freedom of expression, provoking hindering critical opinions that could attract those types of crimes against honor, whose penalties oscillations are an unstimulating additional factor for the free manifestation of this nature. International documents and recommendations point that illicit acts such as these should be transferred to civil affairs.

Second, the bill draft foresees a limited reading of the "right to be forgotten" – it is stretched/widened in comparison to the original conception of the term. With that being so, it does not provide the disindexation of contents, only its total...

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