The minister, of the (Supreme Federal Court), said on Thursday (5) to understand how censorship the removal of profiles, accounts or personal pages of social networks. According to him, this includes cases of repeated disinformation publication.
The position was manifested during the vote in the case of, when he that platforms should only be held responsible after court decision.
“By suspending the profile of a particular user or access to the services of an entire digital platform due to the systematic production of misinformation, for example, it seeks to prevent new manifestations from the risk of substantiating new transgressions to the legal system,” he said.
“Said directly: To avoid a new manifestation that can configure an illicit, the possibility of any manifestation is told,” he said.
With the manifestation of Mendonça, the plenary has the first vote favorable to current rules and, therefore, more aligned with Big Techs. The other three votes create more obligations to companies.
The basis of the magistrate’s vote is the concern to safeguard freedom of expression. “The more watched citizen will be susceptible to the so -called silencer effect,” he said.
Mendonça stressed the work already done by the content moderation platforms based on their terms of use. Another point is to differentiate different providers and establish each specific rules, as well as exclude applications from private communications of the discussion.
The trial has been suspended since last December, on a request for a view – more time for analysis – from Mendonça. Until then, three votes had been given from the rapporteurs of both resources, and and the president.
The first two voted for the unconstitutionality of Article 19 and, thus, for companies to be held responsible from the user’s notification. Already Barroso defended the partial unconstitutionality of the stretch, listing situations for immediate responsibility.
Gift Link: Did you like this text? Subscriber can release seven free hits from any link per day. Just click on F Blue below.
