RIO DE JANEIRO — Worried that Brazilians will soon be flooded with fake news ahead of a critical presidential election, the country is setting out to crack down on organized efforts to intentionally mislead voters.
The officials leading the effort argue that the right to free speech cannot come at the expense of an illegitimate outcome, in an election that could dramatically alter the course of Brazil, the world’s fourth-largest democracy.
“It is necessary to consider which of these two principles must be sacrificed in the name of an election that is neutral and not tainted by deceitful news,” said
Luiz Fux, a Supreme Court justice who recently assumed the presidency of the Supreme Electoral Tribunal, the highest authority on election laws and regulations. “Sometimes the excessive concern with freedom of expression ends up violating a more important principle — the democratic principle.”
At Justice Fux’s direction, Brazil’s Federal Police recently established a task force of law enforcement and intelligence personnel, which is developing strategies to prevent fake news from being produced and to limit its reach once misleading content starts spreading online.
“It is not our intention to infringe on anyone’s freedom of expression or their right to voice an opinion,” said Eugênio Ricas, the director of the Federal Police’s organized crime division, who is leading the fake news task force. “The big question is when does a personal opinion become a lie about a candidate that is published with the specific intent of harming them and in doing so interfering with an election.”
Judicial officials say the task force is studying the tactics used by groups that have been active in spreading fake news in the past and assessing under which current laws they could most effectively be charged. They have also been consulting and negotiating with American technology companies, including Google, Twitter, Facebook and WhatsApp, in hopes of turning them into partners in the fight against fake news rather than targets of enforcement actions and fines.