The Big Techs rejected a) that alters the, stating that it makes the digital environment Brazil one of the most “legally unstable and regulatory complex democratic world” and will generate “mass judicialization”.
In a statement obtained by Sheetthe Brazilian Chamber of Digital Economy (Camara-e.net), which has among its members ,, kwai, free market and, states that the Supreme Court’s decision expanding the responsibility of companies for damage arising from third party content “provides the moderation of content, favors the preventive removal of legitimate publications, services and products”, and “legal insecurity” and “disrupt the whole digital ecosystem chains, especially among small entrepreneurs “.
The Supreme Ministers (26) the theses that alter the responsibility regime of the providers of.
Industry sources provide that there will be an avalanche of declaratory embargoes asking for clarification and specifications after the publication of the judgment of the decision.
In addition, the industry intends to press Congress to legislate on the subject quickly. In the interpretation of companies, if Congress approves a law, it will override the decision of the. This would be clear in the theses published by the Supreme Court yesterday, where it is said: “Appeals to the National Congress to elaborate legislation capable of remedying the deficiencies of the current regime regarding the protection of fundamental rights.”
Camara-e.net considers that the STF’s decision “radically” changes the regime built since the Civil Mark. Among the criticism is the lack of differentiation between sectors affected by the decision and the size of the companies.
“The exceptions set out do not cover all the diversity of digital services and generate uncertainties about their practical application,” the statement says. According to the entity, “the impact may be particularly severe about small and medium -sized national companies that do not have the necessary structure to absorb the operating and legal costs of this new scenario.”
With the decision, companies can be liable for damages resulting from content from extrajudicial notification (user denunciation). For companies, this will generate mass judicialization. Nowadays, court orders are required to require content removal (and companies can only be held responsible if these orders fail).
Opponents of the Supreme decision are organizing online to mass report content content that they consider to have left -wing ideological bias.
Another criticism is regarding the rules for marketplaces. Companies such as Free Market would respond by following the Consumer Protection Code (CDC), which provides for joint liability (the provider can be triggered at the same time as the problem seller). Companies say this will generate mass removal of products sold by e -commerce for fear of liability.
