Brazil’s New Social Media Censorship Measures

The government of Luiz Inácio Lula da Silva, who was recently reelected, has announced a set of broad social media censorship measures aimed at combating what it describes as “electoral harassment” in workplaces across Brazil.

These new policies grant Brazilian institutions the authority to demand the removal of political content from social media platforms that they consider to be “harassment” or “discrimination” directed at workers. Additionally, the Brazilian Attorney General’s office indicated that there may be judicial actions to address such online content.

This initiative was rolled out just days after Lula secured his fourth term by defeating conservative Senator Flávio Bolsonaro in the runoff election held on October 25. According to the Lula administration’s website, many complaints were received from workers reporting “threats of dismissal and pressure” related to their political beliefs. The government stated that these alleged harassment reports began coming in as early as the Sunday of the election.

“These measures aim to safeguard workers’ freedom to make political choices and hold employers accountable for any discriminatory practices,” the government noted.

The policies stem from a collaborative effort among several Brazilian institutions, including the Labor and Employment Ministry, the Labor Prosecutor’s Office, the Attorney General’s Office, the Superior Labor Court, the Electoral Prosecutor’s Office, and the Justice Ministry. Among the measures is the ability to remove websites, publications, and social media content deemed to promote “persecution or discrimination for political reasons.”

However, the Brazilian government’s official website does not specify exactly what types of content would violate these policies. It has notably mentioned tech giants like Google and Meta as being subject to takedown requests under this new framework, based on the guidelines from the Brazilian Attorney General’s Office. Lívia Andrade, the national attorney for labor and employment, also stated that the government would pursue further legal actions against big tech and social media companies because “complaints of harassment increased significantly during this post-electoral period.”

In his victory speech on Sunday, Lula had already expressed his plan to enhance censorship of political discourse online, emphasizing the need for regulation of social media platforms. He remarked that his campaign had dealt with external “interference” from these platforms, underlining the necessity for regulation.

“It is impossible for people not to recognize that crime in the digital realm should be treated just like crime in the real world,” Lula stated.

The judicial system has already responded; the Superior Labor Court granted a preliminary injunction from the Labor Prosecutor’s Office against Meta, requiring them to remove posts encouraging “dismissal based on voting choices” within 24 hours of Thursday night’s order. Furthermore, Meta’s platforms, such as Instagram, Facebook, and Threads, are mandated to display a notice within three days stating that “discrimination based on political beliefs and electoral harassment is prohibited.”

Labor Minister Luiz Marinho mentioned that a “list” will be compiled of employers found to be engaging in “discrimination and electoral harassment,” with penalties including potential loan suspensions following local legislation. The Ministry has opened a dedicated website for workers to report experiences of harassment related to their political beliefs.

Justice Vieira de Mello Filho, head of the Superior Labor Court, announced plans to establish a “blacklist” of companies accused of such politically motivated harassment, asserting that violations will result in “very drastic” consequences.

“Those who irresponsibly continue down this path will face severe repercussions, including restrictions on corporate financing and the potential for a blacklist,” Mello Filho stated. “This has a profound impact on Brazil’s democratic system.”

“Everyone has the right to vote freely. No one is compelled to follow the directives of others,” he added.

The state-controlled news agency reported that the government will also launch a campaign to raise awareness about these harassment practices through the Digital Employment Card application, which is overseen by the Brazilian government.

“The Digital Employment Card will guide workers on their rights and how to file complaints. Additionally, labor inspectors will be equipped to detect irregularities and take necessary actions,” the government stated this week.