The Brussels Effect in Brazil: Analysing the impact of the EU digital services act on the discussion surrounding the fake news bill

Abstract

The May 2023 version of Brazil's Fake News Bill (FNB), a proposed new statutory framework for social media regulation, heavily referenced the EU's Digital Services Act (DSA). The literature on regulatory convergence points to the Brussels Effect, praising the EU for wielding unilateral soft power in shaping global regulations. Therefore, based on interviews with Brazilian experts who played a significant role in the regulatory discussion, this study applies Thematic Analysis to assess the DSA's impact on the FNB draft. The article finds limited Brussels Effect due to criticism of its incapacity to address local platform liability concerns and the absence of economic and legal drivers for convergence with EU regulation. Despite this, the study highlights the DSA's positive influence on the local debate in promoting democratic and human rights principles, leveraging the European legislative process to enrich local discussions. Finally, local political factors contributed to a narrative that differed from the DSA, framing the FNB not only as a tool against disinformation, but also as a means to protect democracy. This paper offers an unprecedented case study of the Brussels Effect reach on the global-south, presenting limitations of the EU benchmark when transposed to other regulatory and political contexts.