Brazil’s Lula to Ban and Punish “Fake News and Disinformation”

Many nations seem poised to abandon the core lesson of the Enlightenment: no human institution can or should be trusted to decree Absolute Truth and punish dissent from it.

A major escalation in official online censorship regimes is progressing rapidly in Brazil, with implications for everyone in the democratic world. Under Brazil’s new government headed by President Lula da Silva, the country is poised to become the first in the democratic world to implement a law censoring and banning “fake news and disinformation” online, and then punishing those deemed guilty of authoring and spreading it. Such laws already exist throughout the non-democratic world, adopted years ago by the planet’s most tyrannical regimes in Saudi Arabia, Egypt, Qatar, the United Arab Emirates and Turkey. 

If one wishes to be generous with the phrase “the democratic world” and include Malaysia and Singapore – at best hybrid “democracies” – then one could argue that a couple other “democratic” governments have already seized the power to decree Absolute Truth and then ban any deviation from it. But absent unexpected opposition, Brazil will soon become the first country unambiguously included in the democratic world to outlaw “fake news” and vest government officials with the power to banish it and punish its authors. 

Last May, the U.S. Department of Homeland Security was forced to retreat from its attempt to appoint a “disinformation czar” to oversee what would effectively be its Ministry of Truth. That new DHS agency, at least nominally, was to be only advisory: it would declare truth and falsity and then pressure online platforms to comply by banning that which was deemed by the U.S. Security State to be false. The backlash was so great — the CIA and company are not exactly world-renown for telling the truth — that DHS finally claimed to cancel it, though secret documents emerged in October describing the agency’s plans to continue to shape online censorship decisions of Big Tech. 

Brazil’s law would be anything but advisory. Though the details are still yet to be released, it would empower law enforcement officials to take action against citizens deemed to be publishing statements that the government classifies as “false,” and to solicit courts to impose punishment on those who do so.

The Brazilian left is almost entirely united with the country’s largest corporate media outlets in supporting this censorship regime (sound familiar?). The leading advocates of this new censorship law include pro-government lawyers, famous pro-Lula YouTube influencers, and even journalists(!). They are now being invited to and feted in “fake news” and “disinformation” conferences in glamorous European capitals sponsored by UN agencies, because the EU is eager to obtain such censorship powers for itself, and sees Brazil as the first test case for whether the public will tolerate such an aggressive acquisition of dissent-suppression authorities by the state. (Recall that the EU itself, at the start of the war in Ukraine, escalated online censorship to an all-new level by making it illegal for any online platform to host Russian-state media outlets; Rumble’s refusal to obey France’s command to remove RT from its platform forced Rumble to cease broadcasting in France).

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