STF flags judgments that can regulate social networks; knowing what can change

The Chief Justice of the Federal Supreme Court (STF), Minister Rosa Weber, delivered the Civil Rights Framework for the Internet decision on May 17. Action can be defined through the justice regulations discussed with PL 2630/2020 through the legislature.popularly known as Fake News PL.

In Marco Civil, the Internet is a piece of legislation approved in 2014 that sets out the principles, warranties, rights and duties for the use of the network. However, although in force, the STF will try two cases questioning the constitutionality of certain articles of the Marco Civil.

In this case, Extraordinary Objections RE 1037396 and RE 1057258 will be considered. One relates to the obligation of the platform to ensure communication between users, while the other aims to hold networks responsible for illegal content published by people in virtual environments.

Alexandre Moraes, minister and president of the Supreme Electoral Court (TSE), alongside Minister Rosa Weber, positioned in favor of the regulation of social networks..

In a public hearing attended by more than 60 people (including experts, company and civil society representatives, ministers and politicians), Moraes criticized the workings of social networks.

“The current model is inefficient, it destroys their reputation, their reputation, it has led to increased depression, suicide and instrumentalization in young people, which happened on January 8. The current model has gone bankrupt. And not just in Brazil, but all over the world. It is not possible for us to continue to think that social networks are unclaimed, we cannot continue without responsibility.”

What can change?

The decision on the constitutionality of the Civil Rights Framework for the Internet is important because some of the regulations discussed in the Fake News PL can be passed through the courts. Despite the peculiarities of each agenda, Sublime action can work as an advance in the regulation of social networks..

Among the changes, Decision could change the concept of platforms responsibility in case of crime your hate loyalty, For example. To give an idea, Marco Civil only blames social networks when they don’t remove illegal content even after a court order.

At the plenary, the STF ministers denounced their networks as racism, homophobia, the threat of attack, etc. may decide that there is no need to prosecute to force removal of content. The judges’ understanding may be similar to what the current text of Fake News PL preaches, for example, which obliges networks to be vigilant against those navigating their websites.

Experts are of the opinion that this is one of the most important issues to be discussed. Delay in removing violent content from networks can lead to real-life crimes.

“We’ve had a good law in the past, Marco Civil is also the Internet, but it seems to me that it’s becoming outdated, outdated, no longer in line with reality, especially considering that the removal of content always depends on a court order”, even said Minister Gilmar Mendes in an interview with the program . Living Wheellast Monday (8).