Google manifested itself after the Supreme Court (STF) decision that defined new rules of liability of digital platforms by published content. The Court determined yesterday, after internal plenary debates in the last eight months of the constitutionality of the Internet Civil Marco, which.
In response, the big tech Americana said in a press release that “it has manifesting concerns about changes that can impact freedom of expression and the digital economy.” The company also stated that “the thesis approved, in particular the expansion of cases of removal upon notification (provided for in article 21) and the impacts on its products”. The part of Marco Civil nominally cited by the company concerns the responsibility of the networks in cases that the company has not removed from air after being notified of privacy violations by content involving nudity scenes or sexual acts. By decision of the Supreme, the rules established by this text were validated.
The central point of the trial, however, was the determination that Article 19 of the Civil Mark is partially unconstitutional. This article determined that the platforms are only responsible for damage to third parties if they fail to comply with a court decision to withdraw from the publication. Now this understanding is only appropriate for crimes such as injury, slander and defamation. This understanding, according to the Supreme Court, was formed so that there was no curtailment of freedom of expression.
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Despite the specific rule for crimes against honor, the ministers determined that in case of “successive replications” of a fact that has already been recognized as offensive by the judiciary, “social networking providers should remove publications with identical content, regardless of new court decisions, based on judicial or extrajudicial notification”.
The modification was defined by eight votes to three, with the disagreements of André Mendonça, Edson Fachin and Nunes Marques. The ministers held a lunch yesterday, which lasted about four hours, to reach an intermediate position in the thesis, which is the understanding that will be applied in all similar cases.
Government response
The decision was entered into by the Union Attorney General, which represents the government in cases of withdrawal of online content, in a statement released after the trial is over. In the statement, the agency classified the determination as “historical” and “a true civilizing milestone.” Also according to the folder, the change “goes in the same direction of what was adopted by several democratic countries to ensure more protection to society against crimes, frauds and hate speeches that threaten citizens and democracy itself in the digital environment.”
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As showed the GLOBOthe AGU, through the National Prosecutor’s Office of Democracy (PNDD), has achieved the removal of false content from social networks through 12 extrajudicial requests filed since 2023. In the same period, three were denied and three others are under analysis of the platforms; Four became processes that will be analyzed by the judiciary.
