The Definition of Illegal Content in Digital Platform Regulations: A Comparative Perspective between Bill 2.630/20, the Digital Services Act, and the NetzDG

Abstract

Objective: This study aims to compare the definitions of illegal content found in Bill 2.630/20 (Brazil), the Digital Services Act (European Union), and the NetzDG (Germany), contributing to the regulatory discussion in Brazil.

Methodology: The research applied a comparative documentary analysis approach, categorizing and contrasting the definitions of illegal content in the three legal texts. An exploratory bibliographic review was also conducted to contextualize the legislative frameworks.

Results: The study identified significant similarities between the definitions of illegal content in Bill 2.630/20 and the foreign regulations, with four out of six categories in the Brazilian bill closely resembling the international standards. Notable differences include the Brazilian bill’s inclusion of health violations and incitement to suicide as illegal content, likely in response to the pandemic context and recent events in Brazil.

Conclusions: The findings indicate that Bill 2.630/20 is largely influenced by European and German regulations but introduces innovations by adapting to the specificities of the national context. The study contributes to understanding the implications of these illegal content definitions, particularly regarding platform moderation and freedom of expression, suggesting that Brazilian regulations should consider local specificities when formulating platform governance policies.