O Supremo Tribunal Federal (STF) resumes on Wednesday (10) the judgment of appeals presented by technology companies against the decision that increased the responsibility of social networks for content published by users. The analysis, which was scheduled to take place in the virtual plenary at the end of May, was .
The companies Google e Meta (controller of Facebook, Instagram and WhatsApp) contest the understanding reached by the Court in June last year. At the time, the . With the decision, the platforms became subject to civil liability if they fail to remove illegal content after extrajudicial notification, without the mandatory need for a prior court order in certain cases.
In the motions for clarification sent to the STF, companies allege the existence of “omissions” e “obscurities” in the established thesis. Meta argues that the decision established a new civil liability regime and requests that the thesis only mention “manifestly” illicit or criminal content, under the justification of avoiding the risk of censorship or undue removal.
Google claims that the text approved by the Supreme Court could generate divergent interpretations in lower court courts. The company asks the court for more objective parameters regarding under which circumstances responsibility should fall on digital platforms.
Presidential decrees
The discussion in the STF takes place amidst movements in the Legislative Branch. Senators articulate the suspension of (PT), which amend the regulations of the Marco Civil da Internet to adapt it to the STF decision.
Presidential decrees establish guidelines for the protection of womeno combating online violencea mandatory reporting channels ea requirement for legal representatives of companies in Brazil. The measures also provide for the removal of criminal content without a court decision.
Parliamentarians, including senators Amin Esperidião (PP-SC) e Magno Malta (PL-ES), presented at least six Legislative Decree Projects (PDLs) to reverse the measures. The Senate’s legal consultancy analyzes whether the Executive Branch exceeded its regulatory prerogatives. The Legislature has the power to cancel presidential decrees that exceed the regulatory power of the federal government.
