Despite the recent enacting by the Brazilian Legislative Chamber of Bills of Law which define cybercrimes offenses (Law 12,735/12 and Law 12,737/12, popularly know as “Azeredo Act” and “Carolina Dieckmann Act”, respectively) and also of an amendment to the Brazilian Consumer Defense Code (Law 7,962/13) that provides more specific instructions on the rights and obligations with respect to online contracting, when it comes to general rules regarding the use of internet, including issues to network neutrality, privacy liability and obligations, a legislative gap remains.
Since 2011, the Brazilian Internet Law Framework (PL 2126/2011 known as the “Marco Civil da Internet”) has been under discussion in the Brazilian Legislative Chambers. Its main objective is to become a legal basis by providing internet users with rights and guarantees and determining the responsibilities of the most various internet service providers. The Bill has already been put up for voting for seven times. However, disagreements with regard to its provisions end up removing and postponing the Internet Law Framework from the voting agenda.
One of the main points that has contributed to such a delay on the voting and approval of the Bill of Law are the issues concerning network neutrality. Telecommuncations companies have shown to be contrary to the final text, which provides that network users shall be treated equally, with no preference for those paying for more expensive services over those that pay for a cheaper and basic access.
Companies and politicians have been trying to reach a settlement on such diverging issues in order to finally approve the Bill. The Brazilian Internet Law Framework is expected to be voted until the end of this first semester of 2013.