Gender equality and female participation in companies: what you need to know
The month of March is widely recognized as International Women’s Day, which is celebrated on the 8th. This date aims to remember women’s struggle for rights and gender equality throughout history, as well as highlighting the importance of female participation in all aspects of social, economic, political and cultural life. It is an opportunity to celebrate women’s achievements, reflect on the challenges that still need to be overcome and promote actions that contribute to building a fairer and more equal society for all people, regardless of gender. Gender diversity and female participation in the corporate world are increasingly relevant and urgent issues. Although there has been some progress in recent years, equal opportunities and treatment for men and women in the workplace is still a challenge to be faced. The presence of women in leadership positions is still very low, even in companies that claim to be committed to diversity and inclusion. According to a survey by the Brazilian Institute of Corporate Governance (IBGC), only 10% of the boards of directors of publicly traded companies in Brazil are made up of women. In addition, women still face obstacles to advancing in their careers, such as unequal pay, a lack of specific training and development programmes and an organizational culture that doesn’t value women’s skills and abilities. For this reason, the UN created the Global Compact 2030, which plays an important role in promoting equal opportunities and treatment between men and women in the business environment. In this sense, companies that join the Global Compact 2030 have the opportunity to commit to concrete measures to reduce gender inequality in their operations and throughout the value chain. This includes promoting equal pay policies, developing training and leadership programmes for women, creating a safe and respectful working environment for all employees, and collaborating with other companies and organizations to promote gender equality. However, gender diversity is not only a matter of social justice, but also a matter of competitive advantage and long-term business sustainability. Companies that value and promote gender diversity tend to have better financial performance, greater innovation and employee engagement. This is because diversity of perspectives, skills and experiences enriches the working environment and allows companies to better adapt to changes in the market and society. Some initiatives that companies can adopt to promote gender diversity and female participation include: Set clear targets for the presence of women in leadership positions and implement concrete actions to achieve them, such as mentoring, coaching and leadership development programs for women. Implementing recruitment practices that avoid gender discrimination, such as reviewing the requirements for positions, publicizing vacancies on different channels and conducting interviews with a multidisciplinary and diverse team. Promote equal pay for men and women who perform the same jobs, in order to value women’s skills and abilities and ensure fairness and equity in the workplace. Create an inclusive and respectful work environment that values diversity of opinions, perspectives and experiences, and has a zero-tolerance policy for harassment and discrimination. Encouraging female participation in traditionally male areas such as technology, engineering and exact sciences, through specific training and mentoring programs. In addition, it is important that companies recognize the importance of gender diversity as a strategic and cross-cutting issue, which must be addressed in all areas and levels of the organization. This requires the commitment and leadership of senior management, as well as raising awareness and training all employees in the importance of diversity and inclusion. In short, companies that adopt inclusion and diversity policies, such as promoting gender equity, tend to have higher performance and more positive financial results. In addition, an inclusive work environment can improve employee satisfaction and engagement, contributing to a healthier and more productive corporate culture. Want to know more? Get in touch with our team of experts!
Gonzalez vs. Google case
One of society’s main challenges today is to decide whether and how content should be moderated by digital platforms. Last Wednesday (23/02), the United States Supreme Court began the second hearing of the Gonzalez vs. Google case, the outcome of which may indicate whether or not social networks are responsible for content posted by their users that violates their Policies, as well as their Terms of Use. It is important to note that this case is not to be confused with Google Spain v. Mario Costeja González[1], in which Mario Costeja González filed a complaint with the Spanish Data Protection Agency against La Vanguardia Ediciones SL. and against Google, its Spanish branch and parent company, in which he asked La Vanguardia to delete or alter the pages showing his personal data, so that his personal data would no longer appear, or to use certain tools made available by online search engines to protect his personal data, as well as requesting that Google Spain and Google Inc be ordered to de-index the content showing his personal data. In the case in question, on the other hand, the relatives of Nohemi Gonzalez – a young American woman killed in a terrorist attack claimed by the Islamic State (ISIS) on November 13, 2015 in Paris – filed a lawsuit against Google, Twitter and Facebook, especially because the algorithms of Google’s digital platform “YouTube”, Google’s digital platform “YouTube” recommended content from the terrorist group to certain users, claiming that the platform acted as a “recruitment platform for the terrorist group” when it allowed the broadcasting of content aimed at recruiting members, planning terrorist attacks, issuing terrorist threats, instilling fear and intimidating civilian populations. It is worth remembering that the attacks in Paris resulted in dozens of deaths, with three shootings recorded in different parts of the city – including an attack on the Bataclan concert hall[2]. Gonzalez’s relatives, suing Google and the social networks, claimed that the digital platforms, by allowing users to radicalize their posts, were legally responsible for the damage done to his family – since Google uses algorithms that suggest content to users based on their viewing history and therefore helps ISIS spread its message. With the decision of this lawsuit, the Justices of the Supreme Court of the United States may consider the application of the so-called Section 230 of the Communications Decency Act. This provision protects digital platforms (Facebook, Google, Twitter, among others) from lawsuits over content posted by their users, or from decisions related to the removal of content. Therefore, the US Supreme Court will be able to decide whether these companies can be held responsible for the content their users post, as well as for colluding with extremist propaganda and/or discriminatory advertising. The lawyers for Gonzalez’s family claim that all Digital Platforms (Google/YouTube, Facebook, Twitter) are responsible for aiding and abetting international terrorism. By not taking significant or aggressive measures to prevent terrorists from using their services, even if they did not play an active role in the specific act of international terrorism, by recommending and reinforcing content to users through their algorithms, they are directly involved due to the collusion of speech and, according to the lawyers of Gonzalez’s family, such a right would not be protected by Section 230. Google’s defense claims that the Gonzalez family’s arguments are vague and merely speculative about the algorithms’ recommendations. The lawsuit is not expected to be decided until June 2023. The issue of whether or not to moderate content on digital platforms and social networks is currently challenging governments and civil society, as the central focus is on how to combat hate speech and disinformation. Unesco (United Nations Educational, Scientific and Cultural Organization) even promoted the International Conference “For a Trustworthy Internet” from February 21 to 23, 2023. The event took place in Paris and brought together representatives of governments and civil society to discuss how the UN agency can contribute to creating guidelines to regulate digital platforms, combating disinformation and hate speech while protecting freedom of expression and human rights. In a nutshell, UNESCO’s aim with this conference was to encourage governments to promote and protect freedom of expression and human rights on the Internet, and for regulatory systems to guarantee independence and adequate supervision. In this way, it is up to regulators to establish targets and processes, specifying human rights-sensitive issues that digital platforms need to follow. Even recently, Supreme Court Justice Luís Roberto Barroso, participating in this Conference, stated that digital platforms should have a duty to act even before a court order in cases of illegal posts, especially in the face of content that violates the law of the democratic rule of law, which prohibits calls for the abolition of the rule of law, encouragement of violence to depose the government or incitement of animosity between the Armed Forces and the Powers. [3] “In the case of clear criminal behavior, such as child pornography, terrorism and incitement to crime, platforms should have a duty of care to use all possible means to identify and remove this type of content, regardless of (judicial) provocation,”[4] Barroso stressed. But in the case of the United States, the existence of the First Amendment makes this issue even more complex to decide, since this provision does not allow the American Congress to enact laws that restrict freedom of expression or of the press. For critics of Section 230, this provision allows digital platforms to avoid being held responsible for damage to the community, even if such occurrences could be avoided if the digital platforms moderated the content (such as removing a publication that supports a terrorist act, for example). Proponents, on the other hand, claim that if the Supreme Court relaxes this understanding, digital platforms, fearing liability and more lawsuits, could remove even more content, thus resulting in a greater threat to freedom of expression. Finally, it is worth noting that the US Supreme Court’s ruling has the power to impact on the responsibility of digital platforms for
TJSP orders blocking of phone lines used in illegal acts
Users spread intimate information and videos. In a unanimous decision, the 6th Chamber of Private Law of the São Paulo Court of Justice ordered the blocking of telephone lines used to commit illegal acts against the plaintiffs’ honor and image – in addition to determining a daily fine in the event of non-compliance by the provider. According to the information on the TJSP website, these numbers were used to share intimate information and videos, compromising the victims’ reputation. The ruling states that “This situation cannot be perpetuated, and the blocking of these lines is required, as this is the most effective measure against the perpetuation of such illegal acts”. The judge who reported the case, Maria do Carmo Honório, said: “This order is also justified since it was not possible to identify those responsible for spreading the content in question. Apparently, at the time of purchasing the SIM card and enabling the telephone line, the co-appellant’s own data was used,” she added. A co-plaintiff in the case states that the company providing messaging applications must provide data and access records relating to the accounts linked to the telephone lines in question, in accordance with the Marco Civil da Internet and the guidelines on security standards established by Decree No. 8,771/16. With information from the TJSP website https://www.tjsp.jus.br/Noticias/Noticia?codigoNoticia=90880 Want to know more? Our Regulatory team is at your service!
ANATEL approves new regulation for radio signal jammers – BSR
Regulation updates Resolution 308/2002, broadening the conditions for restricting the use of radio frequency bands The 919th Meeting of the Board of Directors of the National Telecommunications Agency (Anatel), the first of the year held on 02/02/2023, approved an update to the Regulation on Radio Signal Blockers (BSR). The regulation was the result of Public Consultation No. 60, of December 1, 2021, and aims to restrict radio frequency signals in specific situations, such as threats to public order and/or public property, as well as urgent and temporary disaster situations. Another of Anatel’s aims, with the updating of the Regulation in question, is to keep up with technological developments in the sector, thus taking into account the fact that other radio systems will be affected by these blocks. In addition, the blockades will cover regions designated by federal public administration bodies as critical, in certain situations, as long as they are expressly designated – not limited to penitentiary perimeters, as was the case under the previous regulation. Who can determine the signal blockages? The federal public administration bodies that may designate blockades are: The Presidency of the Republic; the Institutional Security Cabinet; the Ministry of Defense; the Ministry of Justice and Public Security; the Ministry of Foreign Affairs; the Armed Forces; the Brazilian Agency; the Public Security Bodies (set out in art. 144 of the Federal Constitution, as well as those of the States and Municipalities) and; the Penitentiary Administration Bodies. What are the signal blocking areas? The places that may have their signals blocked will be: prisons; ports and airports; public security or military areas; places of temporary interest to public security bodies, national defense and foreign delegations. Requests to block signals must be made 15 days in advance, except for urgent cases presented by the Presidency of the Republic, the Institutional Security Cabinet, the Ministry of Defense and the Armed Forces. It will remain compulsory to homologate jammers and the technical requirements will be defined by Act of the competent Superintendence, and will be previously submitted to Public Consultation. Operators’ obligations Telecommunications operators will have the obligation to maintain secrecy and sign an agreement on the operating conditions with the users of the jammers that will be used. Anatel will have to keep an up-to-date register of jammers that can be used, as well as mapping and curbing the illegal insertion of jammers on the Brazilian market. The users of the jammers must only use approved equipment, keep the jammers in perfect working order and keep the installation, location, characteristics and other technical information of the jammers confidential. The vote of the rapporteur, Councillor Vicente Aquino, was approved by the other members of Anatel’s Board, and approved Draft Resolution VA (SEI No. 9459276) – which provides for radio signal jammers. It also ordered Anatel’s Obligations Control Superintendence (SCO) to carry out an assessment of the impact of BSR use on quality indicators and to make any adjustments to the Operational Manual. This analysis will be carried out by the Technical Quality Group (GTQUAL). Finally, it ordered the Superintendence of Granting and Provision Resources (SOR) to draw up Acts with technical requirements including frequency bands, applications and BSR operating conditions. Want to know more about PDK’s work in the area of telecommunications regulation? Get in touch with our team. Telecom PDK Regulatory Team
ANATEL Tactical Management Plan 2023-2024
ANATEL publishes the 18 Tactical Goals for the 2023-2024 biennium to achieve its strategic objectives On January 17, 2023, the National Telecommunications Agency (ANATEL) published the Tactical Management Plan (PGT), with the 18 Goals to achieve the strategic objectives. Approved by the Board of Directors on December 19, 2022, the TMP discusses the strategy that the Agency will adopt to overcome the medium-term challenges necessary to achieve the results expected by society, the telecommunications sector and the Government. The Goals will be annual, related to administrative and operational performance, as well as inspection, and must be achieved during the term. It is worth noting that Anatel’s Strategic Plan aims to demonstrate value and results for society, mainly for four purposes: 1) Promote the connectivity of quality communication services for all; 2) Stimulate dynamic and sustainable markets for communication and connectivity services; 3) Promote the digital transformation of society under conditions of market equilibrium and; 4) Ensure excellence in performance with a focus on results for society. Get to know the 18 Goals and the expected resultsTarget 1: Execute 67% of the Network Coverage and Quality strategic project by 2024. Target 2: Reduce the complaints rate at ANATEL from 0.62 to 0.50 in 2023 and to 0.43 in 2024. Expected results: increased quality of service, network coverage, market competitiveness and transparency with consumers. Target 3: Execute 40% of the connectivity infrastructure capacity strategic project by 2024. Expected results: to carry out an intelligence diagnosis on network capacity; to subsidize decisions on the telecommunications input chain; to guarantee access to network elements and the sharing of infrastructure in a non-discriminatory way, with fair and reasonable prices and conditions; to articulate in the states and municipalities the updating of legislation on the installation of infrastructure; to establish a transparency and visibility tool on the simplification and updating of rules for the installation of infrastructure. Target 4: Complete 90% of inspection actions on time, compared to what was planned in the PAAF. Expected results: reduce the time it takes to carry out inspection actions; improve the relationship with the regulated sector; increase compliance in regulatory action by the regulated, and regulatory resources aimed at expanding infrastructure; increase the responsive culture; act in a more responsive and effective manner; and reduce liabilities, freeing up civil servants for more essential activities. Target 5: Execute 100% of the strategic project Infrastructure protection against cyber threats by 2024. Expected results: protect critical infrastructures and increase protection against cyber threats. Target 6: Execute 70% of the project to revise the General Competition Goals Plan (PGMC) in 2023 and 100% in 2024. Expected results: increase the scope of the Agency’s activities and make market definitions clearer. Target 7: Approve 80% of the Reference Offers for Products on the Wholesale Market (ORPA) submitted for analysis each year. Expected results: more assertive regulation; increased market competition; greater allocative and productive efficiency and transparency in the information provided. Target 8: Carry out 40% of the strategic project Secondary spectrum market by 2024. Expected results: increase efficiency in the use of spectrum, as well as Brazil’s relevance on the international stage; develop techniques for implementing the secondary spectrum market; reduce the time it takes to start using new technologies. Target 9: Disclose 83% of the economic and financial indicators of large companies in open data by the end of 2024. Expected results: to act in a more principled way; to increase the attractiveness of the sector, as well as the speed of implementation of the positive effects of Open RAN and new technologies; to develop the wholesale market; to improve the competitive environment; to increase the capacity of regulation to adapt to future changes. Target 10: Execute 40% of the strategic project Monitoring retail offers by 2024. Expected results: to provide consumers with accurate and up-to-date information on the main offers in the sector; to subsidize public policies aimed at boosting demand; to increase the population’s digital inclusion; and to improve the services provided to users. Target 11: Carry out 40% of the Literacy and digital skills strategic project by 2024. Expected results: reduce scams and digital fraud; increase users’ confidence in technology, the conscious use of digital services, as well as the Agency’s internal participation and interest in the subject. Target 12: Execute 67% of the strategic project Regulatory challenges of the digital ecosystem by 2024. Expected results: speeding up the development of technology; expanding possibilities for action; increasing the Agency’s recognition as a promoter of Intelligence and research; promoting articulation and cooperation with the ecosystem of startups and IT companies; and playing a leading role in regulatory discussions through a principled and convergent approach. Target 13: Execute 100% of the strategic project Impacts of digital platforms on telecommunications by 2024. Expected results: greater understanding of digital platforms, seeking greater balance between market players. Target 14: Achieve at least 70% of the training prioritized each year. Expected results: to increase the performance of civil servants and satisfaction with the work environment; to reduce skills gaps; to develop the capacity for economic analysis and innovative technological businesses that impact the market environment regulated by ANATEL; and to standardize technical and regulatory understanding in relation to the Regional Managements. Target 15: Execute at least 95% of the annual budget. Target 16: Increase the effective monthly average number of posts published on social networks by 7.5% compared to the previous year. Target 17: Execute 45% of the regulatory projects on the Regulatory Agenda in 2023 and 90% in 2024. Expected results: improve public perception of the Agency; and improve good public governance and management practices adopted by the Agency. Target 18: Achieve at least 95% overall execution of the PDTIC each year. Expected results: increased productivity and transparency. The telecommunications regulatory team at PDK Advogados will publish a series of 05 articles discussing, in the necessary depth, the TMP Goals related to the following topics: i. Network infrastructure; ii. OTTs; iii. Cyber Security; iv. 5G and Secondary Spectrum Market; and v. Supervision. Look out for