Regulating the Internet without resorting to censorship: the Brazilian case that worries democracies
Regulating the Internet without resorting to censorship: the Brazilian case that worries democracies

As disinformation spreads and political tensions intensify, states are seeking to regain control over the digital space. Brazil, at the forefront, is multiplying its initiatives to regulate online content. But behind this stated desire for democratic protection, a major question emerges: in seeking to regulate, is the country creating the conditions for lasting control of information?

A political response to a very real crisis

The observation is widely shared: public debate is weakened. Disinformation campaigns, manipulation of public opinion, the instrumentalization of social media… Brazil, like other major democracies, is facing a profound transformation of its information landscape. In this context, public intervention appears, for many, as a necessity. The aim is to protect electoral processes, limit the spread of misinformation, and restore a degree of trust in information. But this response, while understandable, is not without ambiguity. Because regulating information also means deciding what can be said, shown, broadcast, or suppressed. And it is precisely there that the risk begins.

From a short-term regulation to a structural tool

What is happening in Brazil today goes far beyond a simple short-term reaction. The measures currently being discussed or already implemented are part of a deeper logic: that of a sustainable structuring of internet governance. In other words, it is no longer just a matter of taking ad hoc action against certain content, but of defining an institutional framework capable of continuous intervention. This shift is significant. Because once these tools are in place, they become reusable. By other governments, in other contexts, with other intentions. 

As André Benhamou, a gendarmerie colonel and cybersecurity expert, points out: “France and Europe face similar challenges to those in Brazil, in terms of the desire to regulate the internet and combat fake news. But we take the utmost precautions to protect, above all, the openness of the internet, privacy, and individual freedoms, in order to safeguard democracy. With the presidential elections just a few months away, President Lula must carefully consider these issues and avoid rushing into what could be perceived as censorship and illiberalism.” The distinction is crucial: the line between regulation and control is thin and often shifting.

The trap of democratic precedent

In the history of institutions, precedents play a decisive role. An exceptional measure gradually becomes the norm. A tool designed to address a specific crisis becomes entrenched. The risk here is precisely that of a domino effect. If a major democracy like Brazil adopts stricter information regulation, this can legitimize similar approaches elsewhere—including in less democratic contexts. The precedent then becomes an argument. And regulation, a lever of power.

Controlling without censoring: an unstable equation

The difficulty is well-known, but rarely resolved: how to effectively combat disinformation without infringing on freedom of expression? The more the state intervenes, the more it exposes itself to this contradiction. "It's extremely complicated to control without censoring. The key word is anticipation," reminds André Benhamou. "Brazil must not fall into the trap of a lack of anticipation and therefore of a repressive censorship law, especially just a few months before the presidential elections." As the elections approach, the temptation to act quickly and decisively can become a destabilizing factor.

A real-world test for democracies

The Brazilian case is now transcending its own borders. It is being observed, analyzed, and commented on. Because it raises a central question: how far can a democracy go to protect itself without weakening itself? In a world where information has become a strategic issue, the answer to this question will largely determine the future of civil liberties. Brazil, in this sense, is drawing a line. It remains to be seen whether it will be followed, or feared.

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