Main focus of the discussion is the constitutionality of Article 19 of the Internet Civil Marco, which establishes the guidelines for the performance of the platforms
The (STF) resumes on Wednesday (11) the judgment that addresses the responsibility of social networks regarding the contents generated by its users. The main focus of the discussion is the constitutionality of Article 19, which establishes the guidelines for the performance of these platforms. André Mendonça’s position is that networks have legitimacy to moderate content, while ministers Dias Toffoli and Luiz Fux argue that the article is unconstitutional. Toffoli and Fux’s proposal suggests that platforms should be held responsible only after receiving extrajudicial notification to remove content. This perspective contrasts with Mendonça’s vision, which defends networking autonomy to maintain their moderation rules. He considers that profile removal should be allowed only in cases of false profiles, reinforcing the idea that platforms should have freedom in their decisions.
The outcome of this judgment can establish new guidelines on how platforms will be held responsible for users posted by users. Currently, the legislation allows social networks to be held responsible only if they do not comply with court orders for the exclusion of content. In the midst of this scenario, Minister Barroso suggests a balance, proposing that Congress creates a clear legal regime that it holds platforms for not removing criminal content, as well as suggesting the creation of a regulatory body to supervise these actions.
*Report produced with the aid of AI
Posted by Luisa Dos Santos
