The plenary of Chamber of Deputies approved, on Wednesday night (20), in symbolic vote, the Bill (PL) 2628/2022, which establishes rules for protection and prevention of crimes against children and adolescents in digital environments. It’s the call PL against the “adultization” of children. 
Authored by Senator Alessandro Vieira (MDB-SE), the bill was reported in the House by Deputy Jadyel Alencar (Republicans-PI) and was supported by hundreds of civil society organizations that work with the protection of children and adolescents in Brazil.
The approved text is a replacement of the rapporteur. Although the proposal has already passed the Senate, as there have been changes in the House, the text will return to the final appreciation of the senators.
One of the news of the project approved in the House is the Provision of an autonomous national authority, public administration entity that will be responsible for ensuring, editing regulations and procedures and overseeing compliance with the new legislation. The entity should be created by its own norm and will function along the lines of the National Data Protection Authority (ANPD).
With 16 chapters and 41 articles, the Text requires digital platforms to take “reasonable” measures to prevent risks of children and adolescents access illegal or considered improper content For these age groups, such as exploitation and sexual abuse, physical violence, intimidation, harassment, promotion and marketing of gambling, predatory and misleading advertising practices, among other crimes.
In addition, the Proposal provides for rules for supervision of parents and guardians and requires more reliable mechanisms for verifying the age of social networking userswhat is currently done basically by self -declaration.
The matter still disciplines the use of advertising; the collection and treatment of personal data of children and adolescents and establishes rules for electronic games, Prohibit the exhibition to gambling. In case of non -compliance with the obligations provided for by law, offenders are subject to penalties that vary from warning, fines that can reach R $ 50 million, temporary suspension of activities and even the definitive ban on activities in the country.
“I have no doubt that our children and adolescents will recognize the work of the Brazilian Parliament to seek a safe environment on social networks, in the digital environment,” celebrated the mayor, Deputy Hugo Motta (Republicans-PB), who guided and commanded the proposal’s voting session.
Initially fought by much of the opposition in Congress, PL 2628 ended up gaining adhesions in this field after the rapporteur welcomes modifications to the proposal, such as the creation of an autonomous regulatory agency – to be instituted by their own law – and the restriction on who may request removal of criminal content. Therefore, the PL, the main opposition party, removed the highlights to the project to move the measure without mishaps in the plenary.
“Today, the children of Brazil earn. From the text, all censorships they could have. The Chamber of Deputies will always fight so that the children are not sensualized,” said Deputy Sostenes Cavalcante (PL-RJ), leader of his party and one of the opposition exponents in Congress.
“We show today that when we want, our differences are aside and the interest and the common good prevail. And the common good in this case is the protection of the rights of children and adolescents. We are protecting an entire generation,” said Deputy Otoni de Paula (MDB-RJ).
Immediate removal
Central point of the proposal, the possibility of immediate removal of criminal content by platforms should be based on a specific notification process.
In Article 29, which deals with this issue, suppliers of information technology products or services probable probable for children and adolescents shall remove content that violates the rights of children and adolescents as soon as they are reported on the offensive character of the publication by the victim, by their representatives, the Public Prosecution Service, by the representative of the rights of children and adolescents, regardless of court order.
In the evaluation of experts, the bill adapts rights that are already provided for in the Statute of Children and Adolescents (ECA), but they are not usually applied to social networks.
“PL 2628 protects freedom of expression and press, because it has a very restrictive list of content that can be immediately removed. These are content of sexual exploitation, pornography, harassment, incentive to self-mutilation and blows against children and adolescents. Opinions, criticism and reports are kept in the PL,” said Mrs Sâmia Bonfim (PSOL-SP).
For the parliamentarian, the project is a historical response against stimulating violence and improper profitability on the exposure of children in the digital environment.
National commotion
The subject gained strength after humorist Felipe Bressanim Pereira, known as Felca, publishing a video, on August 9, denouncing the Paraiban influencer Hytalo Santos for exploiting people under 18 and alerting to risks of children’s exposure on social networks.
THE video, which already has almost 50 million views, had huge repercussion in the country and mobilized expert politicians, families, authorities and civil society organizations around the approval of protective legislation for children and adolescents on the Internet and social networks.
