The Federal Supreme Court (STF) concluded on Thursday (26) the trial on the accountability of digital platforms by content published by third parties, with a score of 8 to 3 in favor of increasing Big Techs obligations.
Minister Kassio Nunes Marques was the last to vote and argued that liability only occurs after a court order, aligning with the minority that protects companies.
The central debate revolves around article 19 of the Internet Civil Marco, which currently determines that platforms should only be held responsible if they fail to comply with court order to remove content.
Most ministers understood that it is necessary to expand this liability to ensure greater control over offensive and illegal content, anticipating the moment of compensation.
Kassio Nunes Marques highlighted the importance of freedom of expression and warned against prior restrictions on this fundamental right. For him, the National Congress should be responsible for legislating on the subject, as the Supreme Court is acting on the absence of specific regulation by the legislature.
The trial, which has extended 11 sessions since November last year, had intense debates about the breadth of platform obligations and the cases in which they must be held responsible.
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The president of the court, Luis Roberto Barroso, stressed that the court waited for a reasonable time for Parliament to gather.
Now, upon completion of the vote, the Supreme Court must approve the final thesis that details the decision, establishing the rules that digital platforms should continue to remove illegal posts.
