After 11 sessions on the subject, the Federal Supreme Court (STF) You can finish this Thursday (26) the judgment on the civil liability of social media by the published contents. The Court analyzes the constitutionality of Article 19 of the Internet Civil Mark, a norm that establishes the rights and duties for the use of the Internet in Brazil.
There is already a majority formed to account for Big Techs. However, the magistrates have not yet been consensus on the type of punishment and repair that platforms should perform due to the publications.
Decision should be followed by all courts in the country
- This Thursday, Minister Nunes Marques will present the last vote on the subject.
- After, according to the president of the Supreme Court, Minister Luis Roberto Barroso, if there is consensus among the ministers, the thesis will be read.
- Otherwise, the final text will be adjusted in the coming days.
- The decision should be followed by all courts of the country.
- According to the National Council of Justice (CNJ), 344 proceedings are stopped awaiting this definition.
- Currently, platforms can only be liable civilly if they do not remove illicit content after court order.
- These contents involve hate, fake news or third party loss.
read more
Most have already manifested itself by the accountability of social networks
This Wednesday (25), Minister Edson Fachin was the first to vote. He said the trial is not enough to solve the problems generated by the power concentrated in the big techs and argued that a regulation should be done by Congress through broad legislation. The magistrate said he believes that Article 19 of the Internet Civil Marco is constitutional, keeping the document as it is currently.
The need for a court order to remove content generated by third parties seems to me to be the only constitutionally adequate way to compatible freedom of expression with the subsequent responsibility regime.
Edson Fachin, STF Minister
It also cited risks and benefits of liable platforms for content. On the one hand, he understands that regulation would help in protecting fundamental rights, but on the other, it can generally “collateral censorship”. According to him, the adoption of users’ discourse control is not part of the rule of democratic law.
Afterwards, it was Cármen Lúcia’s turn. Like most magistrates, she argued that networks have responsibility and that it is necessary to interpret article 19 to preserve it, for example, in cases of crimes against honor.
Censorship is constitutionally prohibited, it is ethically prohibited, it is prohibited morally, I would say even spiritually. But it cannot also allow us to be in an agora where there are 213 million small sovereign tyrants. Sovereign is Brazil, sovereign is Brazilian law. So you need to comply with the rules.
Cármen Lúcia, Minister of the STF
Now the count is eight to two. In addition to Cármen Lúcia, the ministers Alexandre de Moraes, Dias Toffoli, Luiz Fux, Flávio Dino, Cristiano Zanin, Gilmar Mendes and the president of the Supreme, Luis Roberto Barroso, were in favor of the responsibility of the networks. Already Edson Fachin and André Mendonça voted against.
