The lawsuits concern excerpts from the Marco Civil from the Internet and the suspension of digital platforms by court order
OR Federal Supreme Court (STF) should start judging this Wednesday 17, four actions on the responsibility of social networks and messaging applications in content moderation. The processes were put on the agenda amid the impasse in Room to rate the call Fake news law. The proposal faces the resistance of deputies and great technicians.
The directors of Google and Telegram are being investigated by the Federal Police in the wake of the campaigns that digital platforms are broadcasting against the PL. The investigation was opened with a decision by the Stf, which emerges as a protagonist in the debate on the regulation of technological giants.
Also this Wednesday the Chamber is preparing a new attempt to vote on two excerpts from the Fake News PL. With processing stopped, the text was cut off. Now the leaders of the parties are articulating the analysis of a rapid procedure and also the vote on the merits of the proposal which ensures the payment of copyrights to the artists and the compensation to the journalistic media for the dissemination of contents on digital platforms.
From the STF, the ministers Alexander of Moraes, Gilmar Mendes AND Louis Roberto Barroso has already made public statements defending the regulation of social networks. The argument is that these companies must be jointly and severally liable for criminal publications and that the Internet cannot remain a “lawless land”.
The debate has gained strength in the Judiciary also in preparation for the 2022 elections. The Electoral Justice has started an approach with the main technology companies to counter the circulation of false news in the countryside.
Leading the process, the STF signals it will not relinquish regulation of platforms until the Fake News PL is voted on in Congress. The move also increases pressure on lawmakers. the deputy Orlando Silva (PCdoB-SP), rapporteur of the bill, has asked for the vote to be postponed, although a date has not yet been set. with the President of the Chamber, Arthur Lira (PP-AL), in the United States and the slowdown of work in the plenary, the negotiations on the text advanced less than expected last week.
The actions under discussion in the Cassation have a smaller scope than the Fake News PL, which even provides for rules on the remuneration of journalistic content by digital platforms and on copyright, which will be discussed this Wednesday in the Chamber. Congress is still skating around on how best to oversee law enforcement — choosing a regulator has been a major sticking point.
This isn’t the first time the STF has strategically used case tracing to send a message to Congressmen and Senators. The STF also recently “buzzed” Congress by putting actions on the state-owned corporation law, electoral surpluses, and union dues rules on the agenda.
Discover the actions on the agenda of the STF
One of the actions on the agenda concerns Article 19 of the Civil Rights Framework for the Internet. The text exempts platforms from responsibility for content published by third parties. They can only be punished if they fail to comply with the court orders that led to the removal of the publications, i.e. they do not have to act preemptively.
The trial acknowledged broad repercussions, meaning the STF’s decision will serve as a guideline for decisions at all levels of justice. The rapporteur is the minister toffoli days.
The second action on the agenda, which also has recognized general implications, concerns content moderation, but focuses on rules that were approved before the publication of the Civil Rights Framework for the Internet. The STF must decide whether the provider hosting an online site has an obligation to inspect the published content. The rapporteur is the minister Luiz Fux.
The STF president also led two other actions, one she denounced and another by the minister Edson Fachin, who discuss whether court decisions can lead to the blocking of messaging apps such as WhatsApp and Telegram. The Court already has precedents in this regard: Minister Alexandre de Moraes has threatened on two occasions to suspend Telegram’s operations.
Before evaluating the four causes, the STF will have to conclude a process involving Fernando Collorstarted last week. The Attorney General’s Office (PGR) defended the former president’s sentence of 22 years and eight months in prison. He faces a criminal prosecution for passive bribery, conspiracy and open money laundering based on the investigations of the Car wash. The former president was accused of receiving more than R$29 million in bribes, between 2010 and 2014, in exchange for the management and premium of BR Distribuidora contracts. He denies the allegations.
Source: Terra
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