Meta took down 47 cannabis-related accounts on Instagram, a platform owned by the big tech company. The Minister of Agrarian Development, Paulo Teixeira, mobilized and, after questioning the company, more than 20 accounts were reinstated.

According to the minister's office, Meta was unable to explain why the accounts were taken down, nevertheless, it mobilized a group of employees to analyze each case. The removal of the accounts was not due to a court order.

Clayton Medeiros, a lawyer specializing in cannabis and social media, sees Meta's action as unusual due to the number of accounts taken down. "We have had other actions before, but with 18, 20 accounts at most, I had never seen anything close to 50."

"Of course, there is a flaw in Meta's service provision, but this should not be the main issue here," he continues.

In a video posted on a social network on Sunday (19), Teixeira stated that he was questioning Meta about the reasons for the profile takedowns. The affected profiles belong to associations that offer treatment with medical cannabis and activists dealing with the subject.

Expert analyzes the takedown of cannabis accounts

Asked why the accounts were taken down, Clayton stated that he sees three possibilities beyond a routine action. The first is the orchestrated action of conservative groups. "The far-right, composed of people against the medicinal use of cannabis, against legalization, may have notified Meta to take down these profiles," he comments.

According to him, the situation changed after the recent decisions of the Federal Supreme Court (STF), regarding Themes 0533 and 0987, which altered the way a profile is "taken down". Previously, Article 19 of the Internet Civil Framework Law stated that in order to take down any content, a court order was required. Now, a court order is no longer necessary, just a communication to the social network, and the account is ready to undergo analysis and be taken down."

Clayton also understands that, due to the takedown occurring after the police action at Santa Gaia's headquarters on Thursday (16), this narrative is strengthened. "Profiles disseminating information about the incident were affected. Followers of the Delegate of the action may have made a mass complaint, or perhaps the artificial intelligence may have found the Santa Gaia profile or the accounts that dealt with the subject," he comments, while emphasizing that it is not possible to affirm.  

The second possibility is that far-right profile bots are on the lookout for words related to the plant. "There are groups that work like this. With bots both to spread fake news and to report profiles," he explains. 

The third alternative he sees is that the profiles may have undergone a political "fine-tooth comb," with each one chosen "by hand" to be scrutinized.

Regarding the swift return, the lawyer highlights the political action as crucial. "Meta would hardly gather a group of employees to carry out this analysis". The lawyer also emphasizes that most profiles were not permanently disabled, but were suspended, which can be reactivated with an administrative appeal. "The major concern is when the profile is permanently disabled. Then, yes, you file the appeal, but the profile is unlikely to return," he concludes. 

Santa Gaia case and the impact on association accounts

Minister Paulo Teixeira, along with deputy Eduardo Suplicy, also mobilized in support of the Santa Gaia association. The association was the victim of a police action on Thursday (16), leaving more than 9 thousand patients unassisted.

During a meeting with federal judge Paulo Fontes, the politicians requested a safe-conduct from the Federal Justice for the association to continue its work. The request was made together with the association's lawyer, Antônio Pinto.

Clayton believes that if the 3rd Region Federal Regional Court (TRF3) issues a favorable opinion on the safe-conduct, this could impact the security of the operation of other associations and their social media profiles.

An example is the case of Santa Cannabis, an association in Santa Catarina that reactivated its profile in July this year, after months offline. In the second instance injunction granted, the judge highlighted the favorable decision precisely due to the legal support to operate and showcase its work.

"It will certainly have legal benefits, not only for Santa Gaia. Extensive communication, if the association is granted the safe-conduct, should also help," he continues.

How to protect cannabis accounts from future suspensions

Lawyer Clayton Medeiros, who analyzed the mass takedown, also provides guidance for profiles to protect themselves from future platform actions. According to him, the first step for security is to avoid displaying content that directly violates the guidelines. "In Brazil, it is not possible to show the plant, cultivation, a joint... that is the first way to protect yourself," he points out.

The second recommendation is to focus on language and understanding the platform rules, in a "harm reduction" strategy. The specialist advises to "try to have a clearer language, understand the community guidelines" and, thus, actually follow them.

Medeiros warns, however, that this is not a guarantee. "Does it mean that this profile will remain active? No, it does not mean that. But we can reduce harm so that this profile can continue," he ponders.

In addition to content measures, the lawyer suggests a robust legal preparation for those who still have an active profile. He recommends "registering the posted content, page engagement, access quantity, follower quantity, messages praising the work, type of publication".

With this material, it becomes more feasible to "obtain an injunction" or prove in the judgment "the importance of this profile to the followers, to the cause". Finally, if the profile has already been censored, the lawyer leaves an "essential tip": appeal. "The appeal is the only administrative way to reactivate this profile".