The minister, of the (Supreme Federal Court), made several criticisms to the big techs when voting in the case of. According to him, the court plenary should think of whether digital platforms can impose its “aggressive and wicked” business model on the countries in which they operate.
This Thursday (12), the ministers for third party content.
“We have to ask ourselves if Big Techs can impose on all countries, including Brazil, their aggressive and perverse business model, contrary to the Federal Constitution, contrary to Brazilian law, only because it is multinational or international,” he said.
The Court discusses article 19 of the Civil Marco da Marco, which defines that companies should only indemnify users offended by third party posts if they fail to comply with court order to remove content.
To date, ministers understand that the norm in force is insufficient for the protection of constitutional rights and guarantees in the current context.
Thus, there is a majority to expand obligations to companies, with votes of the ministers and (the two rapporteurs of the cases) and Luís Roberto Barroso, Cristiano Zanin, Flávio Dino e.
For now, he only voted to maintain the liability of the platforms. In addition to Moraes, it is still necessary to vote, and.
The minister stated that the decision should be given after the magistrates reflect, through questions, about the instrumentalization of social networks and the danger of damage caused by them.
“The first is whether the platforms have territorial immunity and an absolute clause of impunity or the practice of illicit or assistance. If we understand that Big Techs were born of spontaneous generation, they are above countries, legislation and need not respect anything,” he said at the beginning of the vote.
Rapporteur of the processes of the 2022 coup plot and attacks on the headquarters of the three powers on January 8, 2023, the minister also showed a video of the depredations.
Moraes countered the comment of the risk to freedom of expression with the increase in regulation of social networks.
“The supposed exercise of freedom of expression has become aggression. It has become a repeated practice of Nazi, fascist, homophobic acts, attacks on democracy, crimes against children and adolescents. Here, the principle of damage is characterized, characterized with images we show,” he said.
Put it in vogue part of what was being discussed within the scope of the Big Techs lobby.
At the fourth session (11), the ministers Flávio Dino, Cristiano Zanin and Gilmar Mendes voted.
With the understanding formed in the Court so far, the discussion becomes the size of the list of obligations by which the networks will be held responsible from the moment they are notified by offended users.
