The minister of (Supreme Federal Court) Carmen Lúcia, president of the (Superior Electoral Court), defended on Wednesday (25) the regulation of social networks and criticized the posture of Big Techs in speech during event of FGV (Getúlio Vargas Foundation).
The statement was made at the time of the judgment of the trial of two appeals that discuss the OAS responsibility of the platforms for the content released by third parties. It is missing to vote for her and ministers Edson Fachin and Kassio Nunes Marques.
The minister, who voted on the 12th, also virtually participated in the panel. The Attorney General of the Union, of the (Attorney General of the Union), was personally at the event, organized by check agencies and held at the headquarters of FGV, in Rio de Janeiro. In the audience there were representatives from Google and Kwai.
“The great challenge we have is how to maintain freedom of expression, if we often have the idea that the capture of freedom of expression would be surrounded by the regulation of networks. Well, when we had buggies, wagons, there was no traffic code. With the creation of cars, it was necessary to create it,” said Cármen Lúcia.
The minister disagreed with the president of FGV, Carlos Ivan Simonsen Leal, who in the opening speech of the event translated fake news as “Maledicent Gossip”.
“There have always been slanderous gossip, but there is a world that is over. Maledience, malpractice did not produce the bad effects of today. A model of the world is over and there are environments that can kill people without using physical weapons.”
“My generation knew what censorship is and we are exhaustively against any kind of censorship. Anyone who wants to capture this speech and hostage us will not succeed,” said the minister.
Last to vote on the 12th, Alexandre de Moraes argued that, until there is a new regulation in Congress, the Supreme Court must reinterpret the rule of Marco Civil and equate social networks and messenger to other media.
He is one of the seven ministers who defended a change in the interpretation of Article 19 of the Code to increase the responsibility of the Big Techs.
In addition to him, Dias Toffoli, Luiz Fux, Luis Roberto Barroso, Cristiano Zanin, Flávio Dino, and Gilmar Mendes.
For now, only André Mendonça has voted to maintain the liability of the platforms only after court decision. There is no vote, and.
During the panel, Moraes exposed the racist and Nazi memes on screen and presented a video of the attacks on January 8 to argue that “there was a bankruptcy of the self -regulation of social networks.”
“We had on January 8 an attack on the Legislative Power sponsored by Big Techs. When, three years ago, the former mayor wanted to vote the urgency of the bill, all Big Techs released fraudulent news, coercing deputies,” said Moraes.
“If social networks are instrumentalized, or instrumentalize to attack democracy, or allow children and adolescents to selfless, they must be held responsible.”
Union Attorney General Jorge Messias reinforced the opinion of the STF ministers.
“I am disgusting that Big Techs associate with far-right parties, on the grounds of promoters of freedom of expression, a fundamental element that we all defend, to actually conceal their economic interests.”
