Settled Human Rights Standards as Building Blocks for Platform Accountability and Regulation: A Contribution to the Brazilian Debate

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Since at least a decade ago, human rights institutions have acknowledged the enabling potential of the internet to realize a range of human rights. Digital technologies have been incredibly transformative tools for allowing people to speak out against arbitrary acts of public and private powers, empowering the expression of historically vulnerable, marginalized and silenced groups, catalyzing civic organization and participation, and facilitating innovative ways to collectively build and share knowledge. Since then, the right to seek, receive, and impart information has enabled the exercise of other rights and strengthened the internet ecosystem, but not without backlashes and critical challenges.

The current discussion about platform regulation in Brazil, both in the draft bill known as “PL 2630” and in constitutional cases pending in the country’s Supreme Court, demonstrates that much effort is going into addressing these challenges, but also shows that proper responses are not simple to craft. We should be able to tailor these responses safeguarding the positive potential of digital technologies and the essential role freedom of expression, including access to information, plays in preserving democratic societies.