On the eve of the resumption of the agenda in the Supreme Court, Minister countered criticism that the definition of rules to violate freedom of expression and emphasized the need for dialogue on the subject
During an event in the minister of , highlighted last Monday (02) the importance of judgment on the accountability of digital platforms, suggesting that it can serve as a model for the regulation of social networks globally. Mendes’s statement occurs at a crucial moment, on the eve of the resumption of judgment in the Supreme Court on the regulation of social networks. He countered criticism that the definition of rules for social networks could violate freedom of expression, emphasizing the need for dialogue and advances on the subject.
The trial, which will be resumed on Wednesday, focuses on the constitutionality of Article 19 of the Internet Civil Mark, a law of 2014. This article establishes that platforms are required to remove content by court decision, blaming them by users only to comply with an order of justice. The trial was interrupted last year at the request of Minister André Mendonça and will be resumed with his vote. To date, ministers Edson Fachin and Luiz Fux have voted for the unconstitutionality of the article, arguing that the notification of an offended user would be sufficient to oblige the removal of publications.
The president of the Supreme Court, Minister Luís Roberto Barroso, also spoke on the subject, accompanying his colleagues, but with caveats. He considers that in cases of crimes against honor, platforms should only be held responsible if they disrespect a court order, not just a user request. Barroso pointed out that, even in cases of injury, defamation or slander, the post must remain not to violate freedom of expression. This position emphasizes the complexity of the balance between the protection of individual rights and the maintenance of freedom of expression.
The judgment at the Supreme Court will be provisional until the National Congress defines new guidelines for the functioning of social networks in Brazil. The final decision may have significant implications not only for Brazil, but also for other countries that seek to regulate the use of social networks in a way that respects both freedom of expression and the protection of individual rights. Brazil is expected to lead a global movement towards a more balanced and effective regulation of digital platforms.
*With information from Janaína Camela
*Report produced with the aid of AI
