Government underscores it will not compromise on sovereignty, demands that changes in Meta operations comply with national laws

Brazil’s Federal Government decided to file an extrajudicial notice requiring Meta to explain the potential implications of changes in the guidelines of the digital networks it controls, such as Facebook and Instagram. The decision was taken after a meeting held by President Luiz Inácio Lula da Silva this Friday, January 10, attended by ministers, secretaries, and advisors at Planalto Palace, in Brasilia.

Brazil has rigorous legislation to protect children and adolescents, vulnerable populations, and the business environment, and we will not allow these networks to transform the environment into digital carnage or barbarity"

Jorge Messias, Attorney-General

According to Minister Rui Costa (Chief of Staff), the President was clear in saying that he will not compromise on sovereignty and that every national or multinational company will be required to follow Brazil’s fiscal framework and legal system. “It is with great concern that we see one of the main digital networks announcing they will no longer control content because this greatly impacts Brazilian society,” he stated.

“There is impact when we talk about improper content, information related to criminal practices, respect for human life, aggressions  based on race, gender, regional background, hate speech, and we are very concerned that this control ceases to exist also for the spreading of fake news," listed the minister, reinforcing that the country already has a series of consolidated rules regarding these issues.

NOTIFICATION — As a consequence of this context, the Office of the Attorney-General (Advocacia-Geral da União/AGU) will file this Friday an extrajudicial notice requiring the company to explain, in 72 hours, the policy it will apply to Brazil. “Brazil has rigorous legislation to protect children and adolescents, vulnerable populations, and the business environment, and we will not allow these networks to transform the environment into digital carnage or barbarity," stated Attorney-General Jorge Messias.

MECHANISMS — Messias emphasized that the Brazilian Government will not stand idly by but will seek all legal mechanisms to ensure Meta respects the laws currently in place in the country. "Meta will have to categorically explain how it will protect children and adolescents, women, and small-scale businesses that use the platform as a business model," he declared.

SOVEREIGNTY — Even before the meeting, on Thursday, President Lula had already spoken about the issue during a visit to an exhibition at the Planalto Palace with the artworks recovered after the invasions in January 8, 2023. “I find it extremely grave that people may want digital communication to not abide by the same responsibilities of the person who commits a crime in printed press, you know? It is as if a citizen could be punished for something he does in real life but not for doing the same thing in the digital world. What we want, in fact, is for every country to have their sovereignty safeguarded,” he stated.

MACRON — The issue of sovereignty in the face of large companies of the digital world was also addressed during President Lula’s phone conversation with French President Emmanuel Macron this Friday. During the call received by Lula, he complimented the French Government’s statements regarding Meta’s recent decision to reduce fact-checking in their publications. They agreed that freedom of expression does not mean the freedom to spread lies, prejudices, and offenses. They both considered it positive that Brazil and Europe continue working together to stop the dissemination of fake news from putting at risk the sovereignty of the countries, democracy, and the fundamental rights of their citizens.

WORKING GROUP — Simultaneously, the Federal Government intends to open a broader discussion with society, the media, and communication associations to address the issue comprehensively. "The Minister of Communications will seek, among other efforts, to engage in dialogue with the country’s established media outlets, with society at large, and with organizations and associations representing the communication sector, so that we can all be allies in ensuring absolute and unrestricted freedom of expression. However, this must not translate into a lack of accountability for crimes committed or allow outlets, under the guise of false freedom of expression, to post or promote crimes against individuals, children, and vulnerable populations," emphasized Rui Costa.

CONGRESS — The Minister also emphasized that the Executive branch will prioritize a clearer regulation for digital network activities in the country in its dialog with the National Congress. “What matters, especially, is the merit of content. The form is up to the Legislative branch to decide, but we will intensify the dialog with them. We will consult with the leaders and presidents of the two Houses to discuss the best format, the best way to make sure this debate moves forward,” stated the Chief of Staff.

PARTICIPANTS — In addition to President Lula, Minister Rui Costa, and the Attorney-General, also attended the meeting the Substitute Minister of Justice and Public Security, Manoel Carlos de Almeida Neto, the Minister of Communications, Juscelino Filho, the Minister of the Office of the Comptroller-General, Vinicius de Carvalho, the Executive Secretary of the Ministry of Finance, Dario Durigan, the Chief Advisor of the Special Advisory to the President of the Republic, Celso Amorim, the Institutional Communications Secretary of the Social Communication Secretariat (SECOM), Laércio Portela, the SECOM Digital Policies Secretary, João Brant, and the future SECOM Minister, Sidônio Palmeira.