Senator states that platforms can promote preventive censorship for fear of punishments; Articulation in the Legislature seeks to detail Article 19 of the Internet Civil Mark
The senator (PL-DF) criticized on Thursday (27) the recent decision of the Federal Supreme Court () which, according to him, paves the way for the withdrawal of internet content without the need for court decision, contrary to what establishes Article 19 of the Civil Mark of the Internet.
In the evaluation of the parliamentarian, the interpretation adopted by the Supreme Court may encourage private censorship, as digital platforms, afraid of penalties, may choose to delete content in a preventive manner, even when there is no judicial determination. “To the extent that the Supreme said that it does not need [de decisão judicial] And penalizes the platforms, there will be much withdrawal of content for fear of being punished. And this will directly affect freedom of expression, ”warned Izalci.
Article 19 of the Internet Civil Marco establishes that application providers can only be liable civilly for damages arising from content generated by third parties if they do not take action after court order. With the STF’s decision, this device has a more flexible interpretation, which concerns parliamentarians of the conservative base.
Izalci argued that he is institutionally Oreaja to preserve what he considers one of the pillars of democracy. “Congress will have to react. If it is necessary to detail Article 19 more, Congress has to do. What we cannot admit is censorship, to prevent freedom of expression, which is a fundamental principle of democracy,” he said.
The senator’s speech occurs in a moment of strong tension between the Legislative and Judiciary Powers on topics related to the regulation of social networks, moderation of content and freedom of expression. Parliamentarians promise to advance with projects that reinforce legal guarantees and prevent what they consider excesses of platforms or judicial decisions that may limit public debate.
The Senate is expected to intensify the discussion on the subject in the coming weeks, focusing on a possible legislative update of the Internet Civil Marco to ensure the balance between combating misinformation and respect for users’ fundamental rights.
