Constitutional law professor André Marsiglia said that vague concepts in a federal decree regulating big tech companies in Brazil could enable censorship [1].
The concern centers on how imprecise legal language allows authorities to interpret rules broadly. This flexibility could lead to the undue restriction of online content, or systemic errors in how the law is applied across digital platforms.
Marsiglia discussed these risks during an interview with CNN Brasil [1]. He said that when a decree lacks specific definitions, it creates a gap that may be exploited to suppress speech. Such ambiguity often results in a lack of predictability for the companies tasked with enforcing the rules.
According to Marsiglia, the current wording of the decree allows for interpretations that could be used to impose censorship [1]. This risk is heightened in a regulatory environment where the line between moderating harmful content and restricting legal speech is thin.
Legal experts said that clear definitions are essential to prevent the misuse of state power. Without precise terminology, the decree may not only affect the platforms, but also the users who rely on these services for communication and information exchange [1].
The professor said that the potential for misunderstanding is high when the regulatory framework relies on broad concepts rather than strict legal criteria [1]. This creates a precarious situation for both the government and the technology sector as they navigate the implementation of the new rules.
“Vague concepts in a federal decree regulating big tech companies in Brazil could enable censorship.”
The debate over Brazil's big tech regulation highlights a fundamental tension between the state's desire to curb online harms and the protection of free expression. If the legal framework remains ambiguous, it may result in 'over-blocking,' where platforms remove legitimate content to avoid government penalties, effectively chilling public discourse through regulatory uncertainty.
