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Justices ruled late Tuesday that Facebook had failed to
adequately meet court demands related to allegations that its
platform treated content from Lula and challenger Flávio
Bolsonaro differently but said there was no evidence so far that
the company attempted to influence the election’s outcome.
“Such a conclusion would require compelling evidence of intent,
to be presented in full proceedings through the appropriate
legal channels,” Justice Marco Aurélio Bellizze said in his
decision that was unanimously accepted by his colleagues.
Ahead of the runoff vote, Lula’s campaign filed a lawsuit
claiming that the company owning Instagram, Facebook and
WhatsApp was using biased algorithms and AI restrictions to
favor Bolsonaro.
The accusation gained traction among Lula's supporters and
sparked a protest in front of Meta's offices in Sao Paulo.
Meta said in response that a series of recent platform issues
stemmed from unrelated global technical glitches, strict
anti-fraud measures and regulatory compliance rather than
targeted suppression. The tech giant also told the court that it
had adopted measures to ensure equal treatment of the two
campaigns.
But Bellizze said that while the company had submitted
statements and documents regarding the measures, some court
orders were not followed or were fulfilled incompletely or late.
The fine of 7.5 million reais ($1.3 million) relates to the
“conduct of the defendant in relation to the court order as a
whole, considering, in particular, the delays, incomplete
information and the difficulty verifying certain data,”
according to a statement on the decision by the country’s top
electoral court.
The amount corresponds to three days of fines of 500,000 reais
($90,000) between Oct. 17-19 and six days of fines of 1 million
reais ($180,000) between Oct. 20-25, the statement added.
In an updated statement on Monday before the ruling, Meta again
denied accusations of political bias. It said it applied “the
same rules to every candidate, every party, and every political
viewpoint in Brazil, as we do in elections around the world.”
Lula bested Bolsonaro in the runoff vote by more than 4.4
million votes after having trailed in the first round, a
turnaround analysts attribute to a huge mobilization of Lula’s
supporters both online and in the streets.
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