AGU had argued that article 19 of the Marco Civil da Internet was unconstitutional; text determines that platforms can only be held responsible after a court decision
The government changed its position for the second time in relation to the judgment of the Federal Supreme Court () on content generated by third parties. The Union’s attorney general, , had initially argued that article 19 of the Marco Civil da Internet was unconstitutional. This article determines that platforms can only be held responsible for third-party content after a court decision. Recently, the Federal Attorney General’s Office presented a proposal that seeks to partially overturn this rule, maintaining protection only in specific situations, such as freedom of the press and the protection of the honor of public figures.
This change in stance indicates a new government approach to regulating social networks. With the new proposal, platforms may be held responsible for content considered “illegal” without the need for a prior court order. This includes serious crimes such as terrorism and child abuse. In cases of false profiles and dissemination of misinformation, liability may occur after an extrajudicial notification. The government’s intention is to expand exceptions to the current Marco Civil regime, which already includes mechanisms to deal with copyright violations and non-consensual nudity content.
*Report produced with the help of AI
Published by Matheus Oliveira
