Meta and Google defend Brazilian legislation on responsibility for content on the internet

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In a public hearing, the Federal Supreme Court discusses the rules of the Marco Civil da Internet, which is defended by ‘big techs’. Facebook, Instagram and WhatsApp, Meta platforms Richard Drew/AP Meta (Facebook, Instagram and WhatsApp) and Alphabet (owner of Google), defended on Tuesday (28) in the Federal Supreme Court the Marco Civil da Internet, legislation Brazilian that does not hold the platforms responsible for the content posted by users, unless they are subject to a court order. Share on WhatsApp Share on Telegram The appeals presented by companies to the STF, if accepted, may establish jurisprudence that will apply to future cases on responsibility for content on the internet, at a time when social media companies are under pressure in Brazil due to the increase the spread of political disinformation. Two appeals under analysis by the STF raised the debate on “responsibility of providers of apps or internet tools for content generated by users and the possibility of removing content that may offend personality rights, incite hatred or spread fraudulent news from notification extrajudicial”, according to the STF. Rodrigo Ruf, Meta’s lawyer, defended the constitutionality of an article of the 2014 law that governs internet regulation in Brazil, according to which platforms are only responsible for the content of their users if they fail to comply with a court decision to remove it. Meta’s appeal to the STF refers to a 2017 lawsuit filed by a Brazilian woman who asked Facebook to remove a profile and sued the company for compensation. “We defend the constitutionality of Article 19. It is a balanced solution that enables self-regulation, indicates the way to ambiguous scenarios, without preventing the satisfaction of other fundamental rights such as the right to repair damages”, said Ruf at the STF public hearing. What is at stake is the future of the Marco Civil da Internet. According to Ruf, declaring it unconstitutional would lead to a huge increase in the removal of subjective content, including critical content important to democratic public debate. The fierce 2022 election won by President Luiz Inácio Lula da Silva by then-reelection candidate Jair Bolsonaro was flooded by a wave of disinformation that mobilized radical Bolsonarists to invade the STF, Congress and Presidency buildings on January 8 to ask for a coup against Lula. The polarized political climate has led to calls for internet regulation, a move discouraged by tech companies that refute accusations they didn’t do enough to combat anti-democratic misinformation during the election. Freedom Also present at Tuesday’s hearing, the Minister of Justice and Public Security, Flávio Dino, denied that freedom of expression is at risk with the regulation of platforms and social networks. For him, unlimited freedom would be an “abuse of rights”. The Minister of Human Rights and Citizenship, Sílvio Almeida, criticized the dissemination of “lies” under the mantle of freedom of expression. For the minister, the situation is “serious” and finds in the virtual environment the ideal place for the dissemination of attacks against the Republic and extremist speeches. The Secretary of Telecommunications at the Ministry of Communications, Maximiliano Martinhão, defended that content platforms need to adopt measures in relation to what they allow to publish or promote, in line with what the law determines for the case of accountability of agents. ALSO READ: US evaluates whether social networks can be held responsible for content posted by users How to make group voice and video calls through the WhatsApp desktop application Why governments are concerned about TikTok

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