Lawyer Defends Maintenance of Article of the Internet Civil Marco under discussion at STF – 14/04/2025 – Panel

by Andrea
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Criminal lawyer Sergio Rosenthal defends the maintenance of Article 19, which is the subject of discussion in two actions being judged by the Supreme Court (STF).

The article has content providers on social networks should only remove posts by court decision.

Last week, during a meeting of the National Congress Social Council, the president of the (National Telecommunications Agency), Carlos Baiorori, defended changes in the article, so that the big techs are required to remove posts containing disinformation or hate speech even without determining a judge.

“Freedom of expression presupposes the existence of abuses. Where there is freedom, there is the possibility of being abused. This is why abuses must be punished, but cannot be avoided. The only way to prevent abuse is to cherish freedom of expression, which is undesirable, and unconstitutional,” he says.

Rosenthal says networks, on the other hand, cannot allow anonymity in the networks. “The Federal Constitution does not admit anonymity. Thus, social networks must be held responsible if they allow abuse by individuals who cannot be identified,” he says.


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