Armadilhas e caminhos na regulação da moderação de conteúdo

This is an intervention by InternetLab to contribute to the public debate around digital platform regulations, which has intensified with the emergence of proposals put forward by the Executive Branch in 2021 (such as the publication of a draft decree prepared by the Ministry of Tourism, which would modify the regulations of the Marco Civil da Internet). As presented, the text would prohibit the "content moderation" carried out by digital platforms as it occurs today. While we recognize the legitimate concerns about arbitrariness in relation to online expression, especially in relation to the actions of companies that have the largest number of users and economic power, in this document, we point out the reasons why we believe that simply abolishing content moderation practices, as proposed, would be wrong if analyzed from the point of view of users' rights and the protection of an open and democratic environment on the internet. This document also indicates another way in which we can respond to the wishes of different sectors regarding content moderation, which takes into account the above points and may be more promising, based on a procedural approach to protecting users' rights in the face of the application of content policies by large internet companies.