Minister Edson Fachin of the Federal Supreme Court (STF) has devoted himself from the majority already formed on Wednesday 25, in the sentence on the responsibility of digital platforms, social networks and internet suppliers for user publications.
Fachin reflected on the risks and benefits of the punishment of platforms for the content published by third parties. For the minister, the expansion of the obligations of technological societies will help to protect fundamental rights, but can generate “collateral censorship”, including journalists.
“The adoption of user language control is not part of the state of democratic law,” said the minister. “The need for an order of the Court to remove the contents of a third party seems to be the only constitutionally adequate way for the freedom of expression compatible with the subsequent (subsequent) record of responsibility.”
The score is 8-2 to expand the obligation of companies in the moderation of content. Only the vote of Minister Kassio Nunes Marques remains.
Fachin claimed that technology is in “incessant mutation” and that the judgment of the moderation of the Stf content will not be sufficient to solve the problems generated by the concentration of power in the hands of the platforms. “We risk not being able to regulate the medicine due to the lack of a complete diagnosis”.
Congress
The minister claimed that the regulation was issued by the congress, with the editing of global legislation. “I don’t think this theme will necessarily be resolved or exhausted with the removal or not by the content of the platform.
After Fachin, he voted for Minister Cámen Lúcia, who accompanied the majority to expand the responsibilities of the platforms. “When you have advertising, guide, monetization, the platforms are not neutral. They are not just shelves in which something are not aware of what they are not aware of what it is,” said the minister.
Article 19
The process revolves around article 19 of the Internet Civil Marco, which forbids the responsibility of the platforms by the contents published by users, unless there is a violation of the decisions of the Court to remove the seats.
There are most votes to create new acting parameters of great technicians. The ministers have presented several proposals and the plenary must balance them in a thesis to be applied nationally by the judiciary, which should only occur in the second half. The judgment is considered internally the most important in the recent history of the Supreme Court.
Most include that there was a “deconstructionization” of article 19, that is, the standard was adequate at the time when it was approved in 2004, but today it is no longer enough to safeguard users in the virtual environment in a context of climbing cases of digital violence, with cyberbullying, stalking, fraudo and online news of hatred.
The main points of concern are the protection of children and adolescents, social minorities and democracy.
The subject was on the ministers’ radar for over two years. The congress should have advanced the regulation of networking, but since the false news was paralyzed on the legislature, after the pressure of the great technologies in 2023, the STF decided to act. The ministers preferred to wait for the 2024 elections to look at the subject outside the electoral period.
A wing of the Chamber and the Senate accuses the Court of progress of the legislator of the legislator, but the ministers agreed that it was no longer possible to wait for the congress to reveal the agenda. The debate acquired force in court after the violation of judicial decisions by foreign platforms, such as Telegram and X, who offered resistance in the appointment of legal representatives in Brazil.
Nunes Marques will vote more aligned with Fachin and Mendonça.
Positions
The voters of the two cases addressed in the process that put Article 19 of the Internet Civil Marco, Dias Toffoli and Luiz Fux supported punishments for technological companies that do not remove offensive publications (injuries, slander and defamation) immediately after simply notifications of users.
The president of The Supreme, Luís Roberto Barroso and Flávio Dino ministers, Cristiano Zanin and Gilmar Mendes have believed that the requirement of the Court’s Order to remove these contents should continue to apply, provided that companies improve their internal monitoring systems.
One of the major supporters of the regulation, Alexandre de Moraes voted to legally equate social networks and messaging services such as WhatsApp, to traditional media. According to him, the great technicians cannot be “land without law” or operate with “absolute territorial immunity”.
The seven ministers, in addition to Cámen Lucia, said that it is the duty of the platforms spontaneously prevent the circulation of criminal publications. There are differences, however, from the list of crimes defined in every vote.
André Mendonça has already voted to maintain the rules as they are, in addition to arguing that the whole profiles could not be suspended, only specific publications.
The information comes from the newspaper The state of St. Paul.
Source: Terra
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