Digital battle in Brazil and its implications for free speech in the Southern hemisphere
In the digital landscape, Brazil is making waves as it advances new legislation to protect its citizens' rights and sovereignty online. The proposed legislation aims to ban mass biometric surveillance without judicial oversight, increase penalties for data misuse, and guarantee human recourse in automated decisions.
This digital fight in Brazil is not merely a local concern but a global debate about whether countries in the Global South can govern their online spaces on their own terms. The Marco Civil da Internet, signed by former president Dilma Rousseff in 2014, laid a foundational legal framework for net neutrality, user rights, and content moderation transparency in Brazil.
The digital sovereignty movement in Brazil is drawing lessons from other countries, with Mexico, South Africa, Kenya, and Tunisia among those looking to Brazil's approach to regulating platforms, combating hate speech, and protecting user rights.
However, Brazil's stance on digital rights has not been without controversy. In July 2025, U.S. President Donald Trump announced a 50 percent tariff on Brazilian exports, justifying it as a response to what he described as politically motivated persecution against former Brazilian President Jair Bolsonaro. Trump specifically cited alleged human rights abuses and the censorship coercion of U.S. tech platforms, actions he attributed directly to rulings from Brazil's Supreme Court Justice Alexandre de Moraes.
In response, the United States imposed sanctions on Supreme Court justice Alexandre de Moraes under the Global Magnitsky Act in July 2025, accusing him of "an oppressive campaign of censorship" and "arbitrary detentions that violate human rights."
Despite these international pressures, Brazil's digital rights advocates remain undeterred. For them, Brazil's experience offers both a warning and a roadmap, showing how crucial it is to ensure that the space for civic agency, pluralism, and rights-based governance doesn't shrink under pressure.
Reporters Without Borders has recommended that platforms in Brazil should highlight reliable news sources, be transparent about their algorithms, content moderation, and government requests. The Brazilian National Data Protection Authority (ANPD) has also demanded greater transparency from companies developing AI, emphasizing the need for clear public disclosures on data usage, legal bases, and opt-out mechanisms for data subjects.
The digital battle in Brazil is far from over. In August 2024, the Supreme Federal Court (STF) ordered the suspension of X (formerly Twitter) for refusing to remove harmful content, particularly posts targeting election officials and LGBTQ+ activists. Rumble, a video platform backed by investors connected to U.S. Vice President J.D. Vance and billionaire Peter Thiel, was suspended in Brazil in February 2025 after repeatedly defying moderation orders from the Supreme Court.
As Brazil navigates this complex digital landscape, it serves as a test case for how digital sovereignty can be used to protect, not restrict, rights in the Global South. With over 180 million internet users, Brazil's journey towards digital self-determination is one that the world watches closely.
President Lula's approval ratings have overtaken his disapproval ratings for the first time in nine months, and Brazil's Supreme Court is seen as a defender of democracy. As the digital landscape continues to evolve, it remains to be seen how Brazil will continue to shape its digital future.
