Analysis of 2 cases is once again discussed in the plenary with the vote of Minister Luiz Fux, rapporteur of 1 of the cases
The STF (Supreme Federal Court) will discuss again this Wednesday (Dec 11, 2024) 2 cases that are being analyzed together on the liability of social networks for user publications.
The analysis will be resumed with the vote of Minister Luiz Fux. He is the rapporteur of one of the cases, proposed by Google, which discusses whether and how social media platforms should mediate offensive and illegal publications by their users.
The lawsuits will be judged at the end of November. Previously, the Court allocated 3 sessions to read an extensive opinion by Minister Dias Toffoli, who reports on the other case. He voted for the responsibility of the networks.
Both actions originated from different concrete cases, but, due to their similarity, they are analyzed together. The cases have recognized general repercussions – therefore, a thesis must be defined to serve as a guide for other judicial instances in similar judgments.
TOFFOLI VOTE
The minister concluded reading his vote last Thursday (Dec 5). For him, depending on the case, a platform may be held responsible for not removing third-party content from the air even without extrajudicial notification or a removal order.
This would apply, however, only to a list of situations that, according to the minister, encompass acts “exceptionally serious” such as crimes against the democratic rule of law, acts of terrorism, racism, violations against women, among others.
In these cases, it would be up to the platforms themselves to monitor the content and, if applicable, promptly delete it, under penalty of possible “objective liability”.
He also voted for the unconstitutionality of article 19 of the (Marco Civil da Internet), whose determination differs from what the minister proposes. The provision says that platforms can only be held responsible if, after being notified by court to remove the content, they fail to comply with the order.
For the judge, the liability regime for providers for other content not covered by the taxable list must now have as a general rule the terms of article 21 of the MCI, whose liability becomes valid from the extrajudicial notification.
The provision currently applies to cases in which the publication has a sexual nature or nude scenes, but Toffoli argues that the rule should not be restricted to these cases only.
The STF minister also made a vote in his vote “appeal” to the Legislative and Judiciary Powers so that, within 18 months, they can develop and implement a public policy aimed at combating digital violence and disinformation.
