Last week, InternetLab and students representing the Center for Law, Internet and Society Studies of the Faculty of Law of the University of São Paulo (NDIS/USP) went to Brasília to deliver the policy brief [in Portuguese] we elaborated on the Draft Bill 5.555/2013, which criminalizes the unconsented posting of intimate images on the Internet. The document is result of the work of the students who participated on the module about gender violence on the Internet, held by NDIS/USP over the first semester of 2016, in partnership with InternetLab, that has been conducting a research on the theme in the line of “Gender, Race and Other Social Markers”.

With the visit, the students Priscila Esteves and Gianluca Martins Smanio had the opportunity to discuss their conclusions with the rapporteur of the draft bill, Congresswoman Tia Eron, who decided to incorporate some suggestions of the text to the bill. The students also met with the Special Prosecutor’s Office for Women, in the Federal Senate, and the advisors of Congresswoman Maria do Rosário. In addition to the meetings and the changes that they brought to the discussed bill, the experience aimed to bring the students closer to the daily routine of the National Congress, drawing attention to effective strategies of mobilization and incidence.

Check out below more about the schedule in Brasília, the results of the experience and the impressions of the participating students, as well as information on the partnership between InternetLab and the NDIS/USP and the process of elaborating the policy brief.

Meeting with Congresswoman Tia Eron

On the day of our visit, 07/12, the Draft Bill 5.555/2013 was on the agenda of votings of the Commission of Constitution, Justice and Citizenship of the House of Representatives, which made the experience even more enriching. Before the meeting, after analysing the policy brief that we had sent, Tia Eron’s team decided to accept one of the suggestions of the students, which aimed to include in the text of the draft bill a provision demanding the removal of the content in the deadline if 24 hours after the notification of the victim.

After talking with the students, the Congresswoman decided to make another change: the substitution of the term “consent” for the term “authorization”. That is because, according to the consultations of the policy brief, it is very hard to prove, in a judicial process, that there was no consent from the victim. From the student’s standpoint, the substitution for the term “authorization” favors the victim, in the sense that it inverts the burden of proof, that is, the offender is the one who has to prove that they had authorization to disclose the images.

Although it was on the voting agenda, the session of the CCJC was closed before the project could be voted. The expectation is that it is voted and approved during this week, with the alterations made by the Congresswoman.

Special Prosecutor’s Office for Women in the Federal Senate

In a meeting with coordinator Rita de Cássia Poli Rebello, communications advisor Ramíla Moura and journalist Lunde Braghini Júnior, the students got to know the acting projects of the Prosecutor’s Office and discuss the strategies of mobilization for the agenda of gender violence in the National Congress. They addressed issues regarding the current stage of the Draft Bill 5.555/2013 and its perspectives of approval in the plenary of the House and its forwarding to the Federal Senate.

Specifically concerning the policy brief, the students highlighted their worries that the draft bill might propose alterations to the Maria da Penha Law. In this sense, they argued that the law — considered on of the best in the world — already covers the cases of unconsented dissemination of intimate images in the scope of the articles that define the types of moral and psychological violence. They also emphasized that its elaboration was the result of a broad process of discussion — with non-parliamentary stakeholders, like feminist activists –, with positionings that were backed by the representatives of the Prosecutor’s Office.

Another positive result of the meeting was the commitment of the entity to register on their online portal the study made by InternetLab on the topic (the book “The Body is the Code: legal strategies to face revenge porn in Brazil” [in Portuguese]), as well as the policy brief elaborated by the students of the NDIS/USP.

Congresswoman Maria do Rosário’s Office

We were welcomed by the advisors of Congresswoman Maria do Rosário, who is also very involved with gender issues and is a current member of the Commission of Constitution, Justice and Citizenship, through which the Draft Bill 5.555/2013 is passing. After analyzing the policy brief, the advisors committed themselves to study the changes and if considering them appropriate, to ask for review in the voting process.

Statement of the students of the NDIS/USP

Priscila Esteves, fifth year student of the Faculty of Law of the University of São Paulo

“Experiencing a day in the Congress has allowed me to comprehend a little bit of what is the legislative process in practice and the importance of the civil society participation and fiscalization of the congressmen and senators’ acting. Politicians are people like us and their formation is the most varied possible, so that is why it was very important and challenging to explain, in the simplest possible manner, juridical problems to people with no expertise in the subject.

I learned a lot with the elaboration of the policy brief and the trip to Brasília. I learned the importance of a clear, concise language and the organization of the exposition of ideas to interlocutors who do not have the same experience and world knowledge as I do. I learned to deal with the insecurity and the impossible. How many times didn’t I think that I could not reach the desired result? And the surprise and the trip’s schedule was changed at the last minute? The difficulties are there, and to overcome them is indescribable. I also learned the importance of teamwork: despite only another colleague and I travelling to Congress, it is necessary to highlight that it was only possible due to the participation and the efforts of all our colleagues who contributed with the discussions and with the writing of the note during the first semester of 2016 (thank you all!).

Lastly, I carry the satisfaction and the joy of having taken part, even if a small one, in the fight against gender violence and, specially, in the fight against crimes that affect the sexual dignity, a theme so intimate and significative to us all.”

Gianluca Martins Smanio, fourth year student of the Faculty of Law of the University of São Paulo

“There are no words to describe, in a complete and fair manner, the experience of assembling a policy brief in group and of travelling to Brasília, entering the National Congress and deliver this work made by us, students, with the purpose to (try to) improve an important draft bill. It’s the participation by excellence of the legislative process, to follow a session on the Commision of Constitution and Justice, to talk with the Congresswoman Tia Eron, rapporteur of the Draft Bill 5.555/2013, which deals with the criminalization of the unauthorized sharing of intimate images, and to talk with the Congresswoman and her staff about modifications that we would like to see included in the draft bill were remarkable moments that we can say we made a difference. Seeing that a paragraph was included in full in the vote that will be presented was a huge victory. The reception to our comments was an enormous pleasure, not to say a surprise.

During the day we went to other meetings, like in the Special Prosecutor’s Office for Women in the Senate, which left us very surprised with other demands similar to our policy brief. The reception of our work, due to the importance of the theme, was immediate and the talk was very fruitful. Forming allies in the fight against gender violence on the Internet is always an unique and interesting opportunity to be taken into the highest consideration. What impressed me the most about the day was was the reception to our group and work, which was pleasant and even kind, showing a real interest in what we had to say.

In the end, we can guarantee that it was an unique experience. Being able to live with the Legislative for one day, battling for a cause that we believe in is special. We thank InternetLab for the opportunity, and all of our colleagues who sweated with us to build this note, who lost nights of sleep and assembled this sensational project. Without the collaboration of everyone, none of this would be possible.”

InternetLab and NDIS/USP: the partnership

Since the beginning of this year, in the terms of article 2 of the CCEx-FD Deliberation nº 1, of September 24th 2015, InternetLab acts in partnership with the Faculty of Law of the University of São Paulo, being the entity responsible for the developing the activities of the Center for Law, Internet and Society Studies (NDIS/USP), a research and extension group offered to the undergraduate students.

Under the supervision of Prof. Dr. Virgílio Afonso da Silva, NDIS exists since 2012. Its intention is to promote researches and develop reflections on the challenges imposed to the Law by the advances of technology, above all in the scope of the Internet. For doing so, aside from discussions based on theoretical texts, NDIS counts with the participation of guests representing the public and private sectors and with the execution of practical activities that foster the contact with incidence strategies (simulations of public hearings, elaboration of policy briefs, amici curiae, etc). The research activities of NDIS favor the study of public policies and regulations, bringing closer the areas of fundamental rights and juridical sociology. In addition, NDIS also holds debate events in the Faculty of Law and takes part in audiences and public hearings. It is possible to follow the activities of the NDIS through its Facebook group and page and in the Wikiversidade.

Studies on gender violence on the Internet

During the first semester of 2016 the activities of the NDIS were focused in the issues of gender violence on the Internet, under the coordination of Mariana Valente, Natalia Neris and Francisco Brito Cruz. The goal of the program was to put the students in touch with the main arguments involved in these discussions and debate the possible juridical strategies to fight it. Additionally, the students debated the diagnoses of the research line on gender violence of InternetLab, which originated the book “The Body is the Code: legal strategies to face revenge porn in Brazil” [in Portuguese].

Part of the discussions involved the analysis of draft bills on the subject, and from the study of the Substitutive to the Draft Bill 5.555/2013 — to which other drafts on the matter were attached — the students elaborated a policy brief on its provisions, whose executive summary we present below.

[executive summary]

By Dennys Antonialli and Natália Neris

Translated by Ana Luiza Araujo