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Brazil: Justice Secretary publishes ordinance with new guidelines for social networks in connection with attacks on schools

By 3 Mins Read

In brief

On 12 April, Justice Secretary Flavio Dino issued an ordinance that makes it possible to hold digital platforms accountable for the dissemination of content that promotes violence in schools.

In more detail 

The document sets forth specific obligations for platforms, such as the immediate removal of certain content after a request from the competent authorities, systemic risk assessment, adoption of measures to prevent the spread of new threats to schools and a policy of active content moderation by application providers. In addition, platforms must prepare reports for the justice secretariat analyzing the risk factors of spreading certain illegal content, and whether recommendation algorithms or other algorithms used by platforms, as well as the content moderation practices adopted, contribute to such risk factors. 

The report must also analyze whether the platform’s terms of use contribute to the risk factors and whether the platform has enforced its terms of use consistently. The ordinance also provides guidelines for the activities of the National Consumer Secretariat (Senacon) and the National Public Safety Secretariat (Senasp). The justice secretary pointed out that the regulation will be aimed exclusively at threats against students, children and adolescents.

The ordinance provides, for example, that Senacon will institute administrative processes to determine each company’s responsibility in the possible violation of what the justice secretary called platforms’ “duty of safety and care” in relation to violent content against schools. In these processes, platforms may be required to submit systemic risk assessment reports on the propagation of illicit content, and information on the risk of children and adolescents accessing content that is inappropriate for their age, as well as content considered illegal and harmful, according to the ordinance. 

Senacon may also request information about the risk of propagation and viralization of content and profiles that display violent extremism, encourage attacks in the school environment or support and incite these crimes or their perpetrators.

The ordinance also requires the platform to share with the police authorities data that allows for the identification of the user or the internet connection terminal through which the user made the violent content against schools available. This interaction will be coordinated by Senasp. Senasp may also order platforms to prevent the creation of new profiles from IP addresses where illegal, harmful and dangerous activities have already been detected.

The ordinance also provides for sanctions in the event of noncompliance with the foreseen obligations. They will occur within the scope of administrative or judicial proceedings, in accordance with the attributions of the competent bodies.   

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Flavia Rebello joined the Firm in 1999. She is a partner in the Intellectual Property, Technology and Data Protection Team. Her practice includes data protection, licensing, sourcing and transactions, franchising and e-commerce and Internet. She has a wide breadth of experience in drafting, negotiating and reviewing agreements involving intellectual property, including supply of technology, trademark license, patent license, franchise, copyright license, software license and distribution, SaaS outsourcing. She also has expertise in data protection and privacy issues, including implementation projects, review of policies, and data breaches. Legal advice in various aspects of e-commerce, Internet and social media.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Flávia Amaral returned to the firm in 2021 and works in the IP Tech group with a focus on Intellectual Property, Technology Franchising, Data Protection and Information Security.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America. Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee. Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders. Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits and acting in transactions related to various aspects of the energy transition.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Marcela Trigo de Souza joined the Firm in 2014 as a partner in the group of Intellectual Property and Information Technology and Communications, acting with focus on litigation and strategic advisory. She is currently Head of the Life Sciences Industry Group and Healthcare. Marcela has extensive experience in legal disputes involving patents, industrial secrecy, protection of confidential data, data package exclusivity (DPE), unfair competition and regulatory compliance, especially in the pharmaceutical, biotechnology and telecommunications areas.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Felipe Zaltman Saldanha is a Partner in Trench Rossi Watanabe, Rio de Janeiro office.
Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Alexandre Salomão Jabra joined the firm in 2010. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures lawsuits and negotiations. In the environmental area, Alexandre has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, management of solid wastes and take-back requirements, effluents, electromagnet pollution, air emissions, forestry matters, protected areas and minorities, biodiversity, controlled chemicals products, socio and environmental liability of financial institutions, climate change, carbon markets and urbanistic regularization. In the consumer area, Alexandre has experience with consultations, administrative and judicial procedures related to Consumer Law issues with federal, state and municipal agencies, such as DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, offers, data protection, misleading and abusive advertising, privacy, e-commerce, abusive clauses, commercial practices, terms and conditions and violations to the Brazilian Consumer Defense Code. Alexandre represents several clients in the oil&gas, automotive, chemicals, technology, food, communications, mining, finance and services sectors.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Juliana Libman is an Associate in Trench Rossi Watanabe. Rio de Janeiro office.
Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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