Adultization: Chamber approves PL that limits social networks for children; See what you say
The House of Representatives approved on Wednesday night (20) the bill called “ECA Digital”-reference to the Statute of Children and Adolescents, as a reaction to the video of the Felca influencer, which denounced the adultization of minors and as a algorithm stimulates the interaction of pedophiles in networks.
The proposal, approved in a symbolic vote, now returns to the Federal Senate to give the final sieve in the changes made in the other house.
Read more: Who is Felca, Youtuber who exposed Hytalo Santos for “adultization”
The text provides mechanisms to combat child sexual exploitation content in a digital environment. And creates regulations for the use of online networks and games for children and adolescents. An autonomous government authority would be responsible for law enforcement, creating new rules and applying sanctions.
This proposal is sponsored by the mayor, Hugo Motta (Republicans-PB), leaders of the center and the government. “The project is an example that when Congress hears society, hears experts and tunes into the issues that affect families, everyone wins,” said João Brant, Secretary of Digital Policies of the Presidency Secretariat of Communication.
Motta announced that he would support this proposition after meeting with civil society representatives. Present at this meeting say that the mayor was especially sensitized when talking to Rio de Janeiro’s Childhood Court, Vanessa Cavalieri. She exposed Motta some cases she has to deal with when dealing with crimes against children and adolescents.
The opposition, previously against the text, changed position after a new report published by the rapporteur, Jadyel Alencar (Republicans-PI), in which he made the group the group. The main change was to add the autonomous character of this supervisory national authority.
Oppositionists were fearful that the executive branch would have the power to do this control, which, for them, would imply attacks on freedom of expression in networks.
See what the “ECA Digital” Bill says:
Main guidelines
The text that came from the Senate says that suppliers of producer or information technology services likely to use by children and adolescents should take steps to contain the access and exposure of minors to exploitation and sexual abuse, physical violence, virtual bullying and harassment of children and adolescents, promotion of gambling and other products for older age, predatory advertising, among others.
Companies should take reasonable measures to avoid exposing children to pornographic content
Digital companies that provide product or service that can be used by children should “take reasonable measures from conception and through the operation of their applications” to prevent and mitigate risks of access, recommendation or facilitation of contacts of children and adolescents involving exploitation and sexual abuse, physical violence, virtual intimidation, harassment, induction to drug use, self -harm or suicide, promotion and market markets, Bets, alcohol, narcotics and other products restricted to minors, pornographic content and predatory advertising. These companies should still ensure that their products should be designed to avoid compulsive use of products or services by minors. In the case of online games that enable the use of conversation by text, audio or video, children and adolescents can only use these dialogue spaces with people of the same age group.
Platforms should create reliable mechanisms to verify the age of their users
The bill says that companies that produce content, product or service forbidden for children under 18 should adopt effective measures to prevent the access of children and adolescents. Self -declaration of the user is prohibited in this case. In addition, companies will have to take steps to verify their users’ age and create mechanisms so that parents can supervise access from minors to apps and content. People 16 years or less can only have a social network profile if this account is linked to the identification of one of their legal guardians.
Companies must provide easy tools to use for parents to supervise
Parents of children and adolescents should have access to accessible and easy -to -use tools to supervise their children’s activity on the internet. Companies are also required to provide existing information for the exercise of parental supervision.
According to the text, these tools should allow parents or guardians:
- Visualization, configuration and management of accounting and privacy options of the minor profile;
- Purchasing and financial transactions restriction;
- Identify adult profile that interact with the child or adolescent;
- Access metrics such as product or service use time;
- Activate or disable safeguards through accessible and appropriate controls; and
- Dispose of information and control options in Portuguese.
Felca video encouraged anti-edultization article
The text rapporteur included an article that seals the monetization and boosting of content that portray children and adolescents “eroticly or sexually suggestive or in the proper context of the adult sexual universe”. Jadyel Alencar said he did it after Felca’s video. “Inclusion responds to a serious social concern recently exposed by the Felca influencer,” he said.
Denunciation mechanisms must be available, and companies should store information
Companies should communicate with apparent exploitation content, sexual abuse, kidnapping and enticing detected in their products or services, directly or indirectly, to the competent national and international authorities. These companies should also report on exploration content to minors and retain information, for six months, about these types of content. Platforms, games or services that have more than one million underage users should also make semiannual reports explaining the available channels for complaints and investigation processes, how many complaints have received, measures adopted to identify children’s accounts on social networks and improvements to assess parents.
Some contents can be removed immediately without court order
Contents that severely violate the rights of children and adolescents, such as harassment, sexual exploitation, incentive to self -harm and drugs, should be removed as soon as the company is communicated from this publication by the victim, by their representatives, the prosecutor or by representative entities to defend the rights of children and adolescents, regardless of court order. Another excerpt from the text prohibits the abusive use of denunciation tools to curb censorship or persecution, and may even respond in court if detected criminal offense. These two excerpts were included by the rapporteur to win the opposition support.
Autonomous national authority will be responsible for overseeing compliance with the law
The text states that an autonomous national authority is responsible for ensuring the law. She would be responsible for overseeing compliance, applying sanctions and even creating new rules. In order to gain opposition support, Alencar included an excerpt that prohibits regulatory regulations may allow mechanisms of “massive vigilance” and create “practices against rights fundamental to freedom of expression” and privacy and emphasized the autonomous character of that authority.
Sanctions for companies that fail to comply with law can generate a fine than tens of millions
Rules breach are subject to four possible penalties. These are:
- Warning for the adoption of corrective measures within 30 days;
- Fine of up to 10% of the economic group’s revenues in Brazil. If there is no revenue, the fine becomes $ 10 to $ 1,000 per user, and may reach up to $ 50 million;
- Temporary suspension of activities; or
- Prohibition of activity.
It will determine the level of penalty, in addition to the principles of proportionality and reasonableness, the severity of the infraction, recidivism, economic capacity of the offender and the collective impact that such a provider has.
