27 Mar 13 | Brazil, Digital Freedom, Uncategorized
Brazil’s constitution protects free speech, but antiquated local laws often threaten this fundamental right in digital spaces.
The latest statistics from Google’s Transparency Report show that Brazil issues the third most court orders for content removal behind the US and Germany. Recent cases, including the arrest of a Google executive for refusing to take down a video from YouTube, highlight the growing need for reform.
The Marco Civil da Internet, a draft bill that’s been in the works for several years, aims to guarantee greater freedom of expression, net neutrality, and the protection of private user data online in Brazil. I recently spoke with Alessandro Molon, a congressman from Brazil’s centre-left Workers’ Party and the bill’s rapporteur, about what many are calling the first Internet Bill of Rights.
The Marco Civil draft bill will be Brazil’s first Internet Bill of Rights — but its progress has slowed significantly
The idea of a Brazilian regulatory framework for internet civil rights first emerged in 2007 when civil society began urging lawmakers to stop prioritising cybercrime over civil rights online. The Ministry of Justice, NGOs and academics joined forces in 2009 to launch the Marco Civil draft bill initiative as a piece of crowdsourced collaborative legislation. Thousands of people have since participated in public consultations online to help shape the bill’s direction.
The word “marco” in Portuguese means framework. “Marco Civil is about the rights of people online, but it should also be seen as a framework for the legislative process,” Molon says. “I think the way it was drafted has shown Brazilian lawmakers that civil society input can create stronger legislation. It’s a medicine to heal the distance between representatives and those they represent, which is a big problem in our democracies today.”
In addition to specific provisions around net neutrality and privacy, Marco Civil addresses basic internet access as fundamental for the advancement of freedom of expression and other civil rights. Only 40 per cent of Brazilians use the internet, meaning more than 100 million still lack access in the country.
Molon sees Marco Civil as an important step in guaranteeing a free, open, democratic and decentralised internet. He also see its collaborative genesis as a legislative model that should be replicated in countries around the world.
Bringing everyone to the table is certainly democratic, but it can also be slow. After nearly coming to vote four times in the Chamber of Deputies, Brazil’s lower house, the bill has been pulled from the docket each time for a variety of reasons including lack of quorum, consent and support.
Marco Civil has also been slowed by private companies interested in strengthening copyright laws and those with business models dependent on user data lobbying for amendments. These efforts mirror the corporate influence that nearly pushed SOPA and PIPA into law in the US and that are stalling the EU’s proposed new data protection regulations.
Voting on Marco Civil was most recently postponed in November after two amendments introduced troubling provisions around net neutrality and copyright infringement. Without adequate safe harbour provisions, which protect internet companies from being held liable for their users’ actions, companies often restrict more content than legally required to stay safely within the confines of the law, thus chilling free speech.
The same day the bill was recently derailed, Brazil approved two cybercrime bills.
“That was a civil society defeat,” Molon said. “We wanted Marco Civil to be the first Brazilian law about the internet. Unfortunately, it’s easier to decide what should be seen as a crime than to guarantee the rights of citizens, but that has to change.”
The new cybercrime laws revise Brazil’s Penal Code, criminalising the use and distribution of security circumvention software in some cases. The controversial Azeredo bill, which Molon says “almost criminalised everything on the internet”, was watered down through legislative changes and presidential vetoes, making it less threatening to freedom of expression than originally intended.
Another blow for Marco Civil came in December when Brazil joined Russia and China in signing on to new regulations at the World Conference on International Telecommunications (WCIT) in Dubai. Opponents of the new regulations worry provisions around spam and security will be used to restrict internet access and freedom of expression online when they come into effect in 2015.
Molon was opposed to the new regulations and says he worked hard to pass Marco Civil before the Dubai summit so that Brazil would have a clear position at the conference. “I regret that we didn’t have this in Dubai. It shows how urgent passing March Civil will be, giving Brazil a much more pioneering position in internet legislation and regulation in the world.”
Molon suggests that global conversation around Marco Civil is helping the country achieve a leading role in internet governance and free expression even though the bill is not yet law. “Because of the kind of legislation we are discussing on the internet, Brazil is occupying a more important role in the world nowadays. This shows our aspirations, which must be confirmed by turning the bill into law.”
Molon is optimistic Marco Civil will finally come to vote in the Chamber of Deputies before July and be approved into law by the end of 2013. If the bill is to guarantee online freedom of expression,which is its most central aim, then recent amendments around net neutrality and intermediary liability must be revised. Backlash to such revisions are likely to stretch the bill through another year of deliberations if Marco Civil is to become the first Internet Bill of Rights and a positive legislative model for other countries.
Brian Pellot is digital policy adviser at Index
14 Mar 13 | Media Freedom, United Kingdom
In response to the breakdown of cross-party press regulation discussion, Index CEO Kirsty Hughes today said:
‘The Prime Minister is right not to have made a shoddy compromise with Nick Clegg and Ed Miliband, which would have meant statutory underpinning of press regulation. Politicians should not pass laws that specifically control the press if those politicians are to be held to account by a free press.
“The Royal Charter is itself a compromise as it does mean some political involvement – which Index opposes. It is also quite wrong to say – as supporters of the statutory route have – that David Cameron is doing what the press barons want. A tough new independent regulator whether set up by Royal Charter, or preferably by a route with no political involvement at all, is a big step forward compared to the previous system of self-regulation, which doubtless many of the press barons would still prefer.
“Cameron’s decision to put the Royal Charter approach to a vote is a risky one – and Index is concerned to see MPs voting in even this form on press regulation. But Cameron’s decision to go to a vote has clearly been forced by the threat of wrecking amendments being added into several bills, including one that is already threatening the passage of the Defamation Bill, which Leveson himself said should be kept separate from his work.”
13 Mar 13 | Americas, News and features
Brazil’s indigenous peoples are increasingly using the internet to fight for their rights, says Rafael Spuldar
Brazil’s indigenous population have gone online to campaign against social injustice in their community – Alberto Cesar Araujo/Demotix
Despite their poor economic and living conditions, Brazil’s indigenous peoples are increasingly using the internet to make their struggle for rights known to the world.
Historically, native Brazilians have been deprived of proper citizenship, first by slavery and the loss of their homeland in the 16th century and, after that, by prejudice, impoverishment, the loss of cultural traces and the disappearance of entire populations. But, the emergence of the internet has allowed Brazilian Indians access to a new era of free speech and civil activity.
One example of their fight to be heard is the campaign against the Draft Constitutional Amendment #215, currently being debated in the Chamber of Deputies. If the amendment passes, it would remove the Federal Government’s power to delimit indigenous lands and pass it to Congress.
Indigenous leaders fear this would strengthen landowners’ powers, who already have a strong lobbying position in Congress and would likely do their best to inhibit the creation of new reservations.
An online petition against the amendment has gathered more than 27,000 signatures.
Their cause also attracted huge support through social media late last year. Facebook users showed support to the Guarani and Kaiowá peoples by adding “Guarani-Kaiowá” to their profile name. The 45,000-strong group perpetually struggle to protect their ancestral province from land-grabbing farmers in the state of Mato Grosso do Sul.
In January 2013, however, Facebook ordered the additional names be removed, reminding users that they were forbidden from adopting fake names on their accounts.
Access to justice
Considered to be one of the main platforms for indigenous discussion, the Índios Online website is maintained by indian peoples from the states of Alagoas, Bahia, Roraima and Pernambuco.
Supported by the Ministry of Culture and Thydewá, an organisation protecting the rights of indigenous peoples, Índios Online allows “offline” Native Brazilians from all over the country to voice their needs and interact with other users.
According to the president of Thydewá, Sebastián Gerlic, those who feel their interests have been threatened by the website often approach the Justice system to censor its content — particularly regarding videos produced and uploaded by the indians.
Ingigenous Brazilian Potyra Tê Tupinambá ended up in court for her film documenting land reposession in an indigenous reservation in the northeastern state of Bahia. The ongoing lawsuit was taken out by a land owner interviewed on camera. It was a testimony, according to Gerlic, given spontaneously and with no animosity.
“The farmer accused Potyra of transmitting his image on the internet without his permission, and now he looks for reparation,” says the president of Thydewá, who took reponsibility for the director’s legal defence.
The internet was also a strong ally in the indigenous peoples’ struggle against the looting of the natural resources on their reservations. In mid-2011, the Ashaninka people used a solar-powered computer to denounce the invasion of their land by Peruvian woodcutters. This information was passed to authorities in federal capital Brasília, who sent a task force formed by the Federal Police and the Brazilian Army to arrest the invaders.
The Ashaninkas also addressed chief justice of the Supreme Court Joaquim Barbosa in an online petition, urging the Supreme Court to address the problem of tree cutting in their native territory. They demanded financial reparation for the lumbering activities that could reach 15,000,000 BRL (around 30,000,000 USD).
Limited access
Indians usually access the internet through centres maintained by Funai, Brazil’s National Indian Foundation or in LAN (local area network) houses, schools or in private homes. Funai does not have any digital inclusion programme specifically for the indigenous peoples – this responsibility goes to the Ministry of Culture. Through its programme called “Points of Culture”, the Ministry invested more than 1,300,000 BRL (about £447,000) on installing internet connections inside the Indian communities.
Despite public investments, online access has grown far less in indigenous communities than in poorer urban areas. According to a survey led by Rio de Janeiro State’s Secretary of Culture, in partnership with NGO Observatório das Favelas (“Slum Observatory”), 9 out of 10 people living in low-income areas in Rio have internet access.
Brazil has a population of 896,917 indigenous people divided in 230 different ethnic groups, according to the last Brazilian Census from 2010. This represents around 0.47 per cent of the country’s population.
Amongst this populus, access to employment is a problem. According to the last Census, 83 per cent of adult Brazilian indians earn no more than minimum wage (678 BRL a month, about £233) and 52.9 per cent of them don’t have any income at all.
According to the Indigenous Missionary Counsel, an organisation aiding native Brazilian peoples, at least 200 indians have been killed in Brazil in the last decade, mainly because of land disputes.
