Minister Gilmar Mendes, of the Federal Supreme Court (STF), affirmed this Monday 13, that the discussion on the regulation of social networks has taken “renewed breath” in Brazil, after the “surprising episodes” of last January 8, when the protesters invaded and destroyed the headquarters of the National Congress, the federal government and the STF. For Mendes, a new, “stricter and more modern” regulation is urgently needed.
“Stricter and more modern regulation for content moderation on social networks is urgently needed in Brazil. It seems essential that a new legal regime increases reliability and predictability in content moderation, based on procedural guarantees and resolution mechanisms more transparent disputes on platforms,” Mendes said, speaking at an event on freedom of expression, at the headquarters of the Getulio Vargas Foundation (FGV), in Rio.
In the conference, the minister explained the two main legal paradigms for the regulation of social networks. The first, based on the idea of ”neutrality” of the content, leaves the responsibility for the possible diffusion of criminal discourses solely to the authors of these discourses. Exempt from liability, the platforms are dedicated to content moderation in accordance with internal regulations.
For Mendes, the current Brazilian regulation on the subject, Article 19 of the Civil Rights Framework for the Internet, falls within this paradigm, adapted to the American legal framework. According to the minister, this article by Marco Civil adopts this paradigm by blaming digital platforms on the Internet only in cases where there is a specific court decision that determines the removal of the content.
Mendes instead defended the second legal paradigm in the regulation of social networks, which, according to the minister, has been adopted in the recent laws passed in Europe.
Minister STF cited regulations from Germany and the European Union (EU). In these cases, the regulation of the platforms that maintain the social networks is more active. Praising recent laws passed in Europe, Mendes signaled his preference for rules that focus less on defining what content should be moderated and more on the processes by which platforms must exercise this moderation. The goal is to give transparency to the speech removal criteria.
To define prohibited content, Mendes pointed out that there is already a “demarcation” of illicit speech in the existing “criminal protection”. To illustrate, Mendes stressed that the classification of crimes against the democratic rule of law already exists, even before talking about social networks or the internet.
Source: Terra
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