An eventual decision of the Federal Supreme Court that declares the unconstitutionality of article 19 of generating a cost of R $ 777 million to the judiciary over the next five years, due to the greater judicialization of cases and increased need for moderation of content.
The calculation was done by Reglab, a technology research center linked to the Baptista Luz Advogados office, which specializes in causes for companies, contrary to change.
Article 19 determines that digital platforms should only remove content by court decision, except for cases of copyright and intimate photos disclosed without consent, in which notification by the victim is enough.
This Wednesday (4), it resumes it two and establish the objective responsibility of the platforms in cases such as hate and fake news speech, among others. Thus, situations of withdrawal of air content without judicial decision would increase.
“This scenario can promote a cost increase of up to R $ 777 million to the justice system, not to mention other indirect costs, such as administrative expenses, as well as the burden to companies and society, via expenses such as charges and fees,” says Pedro Henrique Ramos, executive director of Reglab.
The center says it has used mathematical models to estimate the increase provided for in the volume of processes against platforms and the resulting financial impact on the judiciary.
The study also says that change can generate up to 754,000 new lawsuits in the next five years. The sudden increase in content moderation actions could compromise the efficiency of the judiciary, as they are more complex
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