Minister Luiz, from (Supreme Federal Court), said on Tuesday (29) that Congress should create ways to contain the.
According to the minister, extreme platforms and users use freedom of expression as such an absolute right that it would prevent any restrictions, even legitimate.
The minister gives the initial lecture of the “Freedom of Expression Forum – 150 years in defense of freedom and democracy”, promoted by Estadão on Tuesday. The event is part of the 150th anniversary celebrations of the newspaper.
“This line of thought is not back in the Brazilian constitutional order, nor are they in accordance with the international human rights treaties that the Federative Republic of Brazil has celebrated, approved by the same National Congress that is now challenged to discuss the regulation of such platforms and, consequently, to create legitimate mechanisms of democratic containment of the harmful impacts of fake news,” he said.
According to Fachin, there are no freedoms without democratic limits or responsibilities.
“It is intended to spread, especially via social networks, the notion that freedom of expression allows to express, even, the expression of the annihilation of freedom. It does not seem to us that it should be: Freedom must protect freedom, democracy must protect democracy,” he said.
According to Fachin, this is a political performance of the Big Techs and that has this dynamic as a business model.
“Authoritarian digital populism, whose tsunami is about to drown Western democracies and the classic achievements of freedoms,” he said.
The Supreme Court also deals with the theme in the judgment of excerpts. The Court analyzes the constitutionality of Article 19 of the Marco, which requires technology companies to remove content from the air only with court decision.
He was suspended at the end of 2024 and should be resumed this semester.
In November last year, the president of the Supreme, said that the Court judges excerpts of the law after the congress did not legislate on the subject.
“The court awaited for a very reasonable period the survival of legislation by the legislature and, not happening, it is time to decide this matter,” he said.
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