Brazil must build on Marco Civil to protect free expression
With the adoption of a progressive legislation on internet rights, Brazil is taking the lead in digital freedom, but more works needs to be done to protect freedom of expression.
17 Jun 14

Read the full report in PDF:  [English] | [Portuguese]

Read the full report in PDF:  [English] | [Portuguese]

Read the full report in PDF:  [English] | [Portuguese]

This is the fourth and final in a series of articles based on the Index report: Brazil: A new global internet referee?

With the adoption of a progressive legislation on internet rights, Brazil is taking the lead in digital freedom. Digital technologies have provided new opportunities for freedom of expression in the country, but have also come with new attempts to regulate content and strong inequalities between those with and without access to the internet. Old problems like violence against journalists, media concentration and the influence of local political leaders over judges and other public agents persist.

As internet penetration and access to the internet via mobile phone is increasing in the country, it is interesting to see how digital inclusion has created a new space for the exchange of ideas and reshaped the wider debate on freedom of expression. The emergence of independent media such as the collective Midia Ninja demonstrates the impact of digital on the offline free speech environment.

Brazil must now build on Marco Civil to ensure the respect of the right to freedom of expression online and offline, and promote internet rights in the international sphere.

In order for Brazil to provide a safe space for digital freedom and ensure the promise of Marco Civil is met in reality, Index on Censorship offers the following recommendations:

At the international level, Brazil should:

  • Use its leadership to further promote a free and fair internet by continuing to publicly advocate for fundamental internet principles such as net neutrality, user privacy and freedom of expression in international forums
  • Ensure that civil society organisations are deeply involved in the discussions and decision-making process on global internet governance, and that the outcome of international debates adequately reflect their recommendations
  • Resist intervention by powerful lobby groups and governments to skew the outcome of multistakeholder gatherings
  • Refuse to adopt or sign up to repressive measures and/or international agreements favouring internet censorship, top-down approach of internet governance and tighter government control of the internet

At the domestic level, Brazil should:

  • Reform defamation and privacy laws to ensure they are not used to prosecute journalists and citizens who express legitimate opinions in online debates, posts and discussions
  • Provide proper training to the judiciary and law enforcement agencies on defamation and other freedom of expression-related issues
  • Introduce clear guidelines regarding civil defamation lawsuits, especially in regard to the use of content takedown and the setting of indemnification amounts
  • Ensure that all cases of killings and other forms of violence against media professionals and human rights defenders are effectively, promptly and independently investigated, and those responsible are held accountable
  • Be more transparent about the ongoing work around privacy legislation, including the Data Protection Bill
  • Pursue their efforts in promoting digital access and inclusion to all Brazilians by expanding the Digital Cities programme and stick to the target of ensuring 40 million households or 68% of the population are able to access broadband by the end of 2014 as part of the National Broadband Plan

The full report is available in PDF: [English] | [Portuguese]

Part 1 Towards an internet “bill of rights” | Part 2 Digital access and inclusion | Part 3 Brazil taking the lead in international debates about internet governance | Part 4 Conclusions and recommendations

This article was posted on 16 June 2014 at

By Melody Patry

Senior Advocacy Officer at Index on Censorship Melody Patry is advocacy officer at Index on Censorship. Melody provides research and analysis for Index’s policy formulation and works in building relationships with stakeholders to support our domestic and international programmes. Previously she worked as a political adviser for the European External Action Service and most recently, as writer and videographer supporting human rights NGOs in Egypt. Contact: [email protected] | public key