One of the characteristics of life in contemporary society is constant communication between people and immediate access to information. Whether in social networks, news sites or traditional television, citizens are aware of a multitude of news, events or events, regardless of where they are. It is undeniable that this informational ubiquity contributes to social and citizen living, as well as to democracy itself.
However, digital facilities, just like any other everyday tool, can bring risks and also cause real damage to people’s lives. Therefore, in the protective sense, safeguards are introduced, regulating access and conditioning the use of these tools safely and in accordance with established and acceptable parameters. The indicative classification of films and video games is one of those protective measures established in the Brazilian regulatory framework. By establishing age groups recommended to attend to each type of audiovisual content, it is guaranteed that the training of young people will not be adversely affected.
A more recent case in which society has claimed protection was to safeguard the disclosure of rape or explicit sex scenes without the consent of those involved. Their disclosure causes terrible moral damages, often irreparable. This situation is aggravated when the disclosure is digital, when it becomes indelible, in practice, and can be replicated infinitely. For these reasons, in 2018, the Criminal Code was amended to penalize the dissemination of this type of content.
We were recently deeply shocked and appalled by the terrible events of the slaughter at the Raúl Brasil State School in Suzano, São Paulo. Unfortunately, the violent scenes circulate in the diverse applications of Internet, including social networks. What’s worse, these videos can still be qualified with apologetic comments and focusing on specific audiences. Unfortunately, there are individuals in our society who do not have the awareness or education necessary to realize how harmful these images can be to children and adolescents, potential social misfits, or other vulnerable situations. The list of episodes is overwhelming. Less than two days after that event, 49 people are killed in New Zealand with live broadcasting on social networks. Score. There is nothing more to be said.
For these reasons, we have decided to propose this Bill, typifying the dissemination in any medium, including social networks, of such scenes, as “incitement to crime”, according to Art. 286 of the Penal Code, and, when applicable, as “Apology of crime or criminal”, according to Article 287 of the same instrument. In order to establish a line that defines what content the disclosure may lead to in crime, we determine that only the disclosure of violent or heinous crimes may be considered as incitement to crime. In case of apology of crime or criminal, we inserted a new paragraph indicating that, when the disclosure is made with the aid of means of communication, the penalty will be applied in double.
The proposal, which seeks to punish anyone who discloses scenes of violent or heinous crime, is awaiting an order from the President of the Chamber of Deputies.