Brazil: Bill No. 130/2020 amends the Brazilian Traffic Code, provides penalties for application providers that fail to remove media related to traffic violations and creates monitoring obligation for infringing content

In brief

On 2 February 2022, the House of Representatives approved Bill No. 130/2020, which, among others, prohibits the dissemination of photos or videos of serious traffic violations and of conducts that jeopardize individual or third parties' safety in traffic or that constitute traffic crimes, as established in the Brazilian Traffic Code (Law No. 9.503/97).


Contents

Further details

According to the Bill, the dissemination or publishing on social networks or any other digital or printed means of visual records of these events are expressly prohibited and can subject the person responsible for the post or publication to fines, criminal prosecution and the seizure of their drivers license.

The Bill of Law expressly establishes a specific term for platforms to comply with takedown orders, requires platforms to take measures to prevent new publications or postings of the same content, and creates additional penalties in case of noncompliance. Platforms and other internet applications must comply with any court order to take down such type of content within 24 hours, and failure to comply within such timeframe can subject the platform or internet application to a fine of 50 times that applicable to serious traffic violations (approximately USD 5,000), and to an additional penalty as described below. The company must also notify the user responsible for the publication of the takedown, specifying the reasons why it was removed.
 
Also, the Bill of Law creates an obligation for platforms and other internet applications to monitor by taking measures to prevent new publications or postings of the same content. It also expressly sets forth that in addition to the Code of Traffic's penalties, failure to comply with takedown orders may subject platforms and other internet applications to the following penalties of the Brazilian Internet Legal Framework: a warning and a fine of up to 10% of the net income of the economic group in Brazil in the last fiscal year, considering the economic condition of the company and proportionality of the measure. Under the Internet Legal Framework, however, those penalties are applicable only when there is a violation of the privacy obligations established by Articles 10 and 11. Therefore, this Bill of Law extended the applicability of the penalties to instances where the applications fail to timely comply with takedown orders, regardless of whether there is any privacy issue (e.g., regardless of whether the content of publication includes the identification of persons involved in traffic violations or other personal data).

 The obligation for platforms to monitor and take measures to prevent new postings of the same infringing content was removed when the Bill of Law was voted in the Senate. However, the House of Representatives rejected Senate’s amendment and maintained the obligation. Now, the Bill will be sent to the presidential sanction when vetoes may be applied.


Our team will continue to monitor related developments and whether there will be relevant vetoes that may impact the activities of platforms and internet application providers. We remain available for any queries.

Projeto de Lei nº 130/2020 altera o Código de Trânsito, prevê penalidades para provedores de aplicações que deixarem de remover mídias relacionadas a infrações de trânsito e cria obrigação de monitoramento de conteúdo infringente

 

 

 

Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

 

Contact Information
Flavia Rebello Pereira
Partner
Trench Rossi Watanabe, Sao Paulo
flavia.rebello@trenchrossi.com
Flavia Amaral
Partner
Trench Rossi Watanabe, Sao Paulo
flavia.amaral@trenchrossi.com
Marcelo Trigo
Partner
Trench Rossi Watanabe, Sao Paulo
mareclo.trigo@trenchrossi.com

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