Discussions surrounding the Brazilian Civil Rights Framework for the Internet have been gaining considerable momentum lately, as this law is at the center of two controversial issues affecting not only legislators but the general public: 1 – recent court decisions ordering the suspension of WhatsApp, the popular messaging service owned by Facebook, in Brazil, for failing to comply with court orders ordering the provision of information related to the investigation of individuals involved in drug trafficking and criminal gangs; and 2 – plans by telecommunications operators to impose data traffic limits, which, among other things, would make it impossible for consumers to use Netflix, thus benefiting the operators themselves, which also control cable television services in Brazil. This constitutes, in theory, a violation of the principle of neutrality, and such plans have been temporarily vetoed by the National Telecommunications Agency ("Anatel").
Despite the decree's failure to clarify the criteria for courts to apply the penalties provided for in the Brazilian Internet Civil Rights Framework, the decree enshrines the principle of neutrality by clarifying in Article 10 that "commercial offers and charging models for internet access must preserve a single, open, plural, and diverse internet, understood as a means for promoting human, economic, social, and cultural development, contributing to the construction of an inclusive and non-discriminatory society." While the question of how the courts will apply the provisions of this unclear decree remains, it is certain that the battles between WhatsApp and the courts and Netflix and the operators will have several more rounds.
