Governo Federal determina multa de R$ 1 mi por hora contra o Google
Política Vitrine

Governo Federal determina multa de R$ 1 mi por hora contra o Google

02/05/2023 | 14:15 Por Redação MZ

O secretário nacional do Consumidor, Wadih Damous, assinou hoje (2) , uma medida cautelar enderaçada à Google Brasil com imposição de obrigações à empresa. O motivo, segundo ele, é que a companhia vem colocando “uma verdade única e absoluta em face da sua opinião acerca do Projeto de Lei 2630”, o das Fake News.

O anúncio da assinatura da medida cautelar foi feito em coletiva de imprensa, no Ministério da Justiça, da qual participaram também o titular da pasta, Flávio Dino, e coordenadora de assuntos digitais, Estela Aranha. O descumprimento da medida importará na incidênica de multa de R$ 1 milhão por hora, a partir da notificação da Google. 

Entre as imposições, está o da da “obrigação da empresa sinalizar os conteúdos publicitários próprios, publicados no âmbito de seus serviços, bem como informar seus consumidores de eventual conflito de interesses que afetem a prestação de serviço”. Outro é o da “obrigação de nã fazer, no sentido de que a empresa, sem informar devidamente o consumidor de que se trata de posição editorial, abstenha-se de censurar, nas comunidades e aplicações mantidas pela plataforma digital, posições divergentes da posição editorial da empresa”.

Impõe também a “obrigação de fazer, consistente em veicular contrapropaganda, no prazo máximo de duas horas após a notificação, voltada a informar devidamente os consumidores o interesse comercial da empresa no que concerne à referida proposição legislativa”. Dessa forma, segundo Dino, no mesmo lugar em que colocou a frase dizendo que o PL “pode aumentar a confusão sobre o que é verdade ou mentira no Brasil”, o Google deverá veicular outra a favor do projeto, “para que os consumidroes possam formar opinião”.

De acordo com o ministro, como a Google se diz plataforma de tecnologia, a frase colocada “é publicidade”. “Se é publicidade, tem que estar sinalizado enquanto tal. “Então a primeira obrigação é: sinalizar que aquilo é publicidade. Ora, que os consumidores saibam que aquilo é publicidade de uma empresa. Em segundo lugar, como há esta publicidade subliminar, a Senacon considerou que isso é uma publicidade enganosa, ou abusiva, e está impondo a obrigação de contrapropaganga”, ressaltou.

Na coletiva também, Damous pontuou que foi determinada a intauração de um processo administrativo, “no âmbito do Departamento de Proteção e Defesa do Consumidor, que integra a Senacon, em face da empresa Google Brasil, notificando-a, para no prazo de 20 dias, apresentar defesa”.

Ainda de acordo com Damous, com a assinatura da medida cautelar, o governo está “afirmando, de forma muito firme e incisiva, a soberania do nosso ordenamento jurídico, que é decorrente da soberania nacional”. “Nós estamos afirmando aqui, em face daqueles que se apresentam como defensores da liberdade de expressão, nós estamos afirmando a liberdade de expressão. Porque o que está acontecendo neste momento, pelo apurado exame que nós fizemos dessas publicações, é uma publicidade cifrada, opressiva, em que o debate está absolutamente assimétrico. O que essas plataformas estão fazendo é colocar uma verdade única e absoluta em face da sua opinião acerca do Projeto de Lei 2630”.

Há outra verdade, ressaltou o secretário, que não está aparecendo nas publicações das plataformas. “Isso é inconstitucional, é ilegal e, naquilo que nos diz repseito, ou seja, aquilo que diz respeito aos consumidores, por diversas formas elas estão violando o Código de Defesa do Consumidor, sobretudo por abuso de poder econômico e publicidade cifrada, publicidade abusiva, publicidade que na verdade emite opinião editorial”.

Conforme Dino, a regulação das plataformas digitais “não é uma proposta do governo”. “É uma exigência do nosso tempo. E ela é não só amparada pela Constituição, ela é exigida pela Constituição. A Constituição manda que haja regulação, nos termos do artigo 222. Nós estamos acompanhando esse debate, como governo, já há algum tempo”.

O ministro declarou que a Senacom “se viu com dezenas, quiçá centenas de indícios de que algumas empresas estariam privilegiando a sua própria decisão e manipulando seus próprios termos de uso, para privilegiar aquilo que lhes convém [em relação ao debate sobre o PL 2630], em detrimento de outras vozes”. “Isso é censura, e é dever da Senacon garantir que ninguém manipule a liberdade de expressão no Brasil”.

“Faroeste digital”

Em outro momento da coletiva, Dino disse que e preciso “acabar com o faroeste digital”. “Essas empresas [plataformas digitais] querem um faroeste cibernético no Brasil. E esse faroeste digital e cibernético mata. Mata crianças, adolescentes. Mata pessoas por doenças. E todas as empresas no Brasil são reguladas. Onde está escrito que estas empresas não podem ter regulação? Por que estas e não as rádios, os jornais, as TVs? Todos tem regulação. E neste caso é evidente que essa regulação é uma imprescindibilidade, e ela será feita”, complementou.

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