New Center-Right Proposal Emerges as Alternative to Controversial Fake News Bill in Congress

A recently introduced legislative proposal by two center-right deputies may pave the way for renewed discussions regarding social media regulation in Brazil. The initiative, referred to as the Law for the Protection of Constitutional Liberties and Fundamental Rights, aims to create a more moderate framework compared to the previously controversial Fake News Bill (PL 2630), which faced significant opposition and was shelved in May 2024.

Presented on December 4, 2024, by deputies Silas Câmara (Republicans-AM) and Dani Cunha (União-RJ), this new bill seeks to bridge the divide between stringent regulations and the unregulated digital landscape. Silas Câmara leads the Evangelical Parliamentary Front, a group that largely opposed the original Fake News legislation. Meanwhile, Dani Cunha, the daughter of former Chamber of Deputies President Eduardo Cunha, represents a continuation of influential political lineage.

The terminology used in the proposal is considered more appealing for discussions with right-leaning legislators, potentially facilitating a consensus within Congress. The content of PL 4691 has been interpreted by advocates of social media regulation as a compromise between overly invasive legislation and a completely deregulated environment.

Key provisions of the bill include restrictions on anonymity on social media platforms. Users would still be able to create profiles under pseudonyms but would be required to submit their real identity information to the platforms, which would remain accessible in case of judicial orders. Additionally, the bill proposes the establishment of a self-regulatory body formed by major tech companies, with oversight from the National Telecommunications Agency (Anatel) and the National Data Protection Authority (ANPD).

Political analysts believe that Congress is unlikely to allow the Supreme Court to unilaterally dictate the rules for social media, especially as the Court prepares to revisit the judgment on Article 19 of the Internet Civil Framework, which addresses the duty of care for platforms. Recent votes by certain Supreme Court justices have indicated a tough stance against major tech companies.

As discussions around PL 4691 gain momentum, political insiders suggest that the proposal may receive significant attention following the election of new leadership in the Chamber of Deputies and the Senate in February 2025. This timing may facilitate negotiations for a more tempered regulatory approach, allowing center-right representatives to play a crucial role in shaping the legislation and potentially isolating more radical opposition.