PL 2630: Toffoli releases STF to judge action on networks – 05/04/2023 – Power

Minister Dias Toffoli, of the STF (Supreme Federal Court), released for judgment, this Thursday (4), the action of his rapporteur on the regulation of social networks and internet platforms. The judgment, however, does not yet have a date to take place, which depends on the president of the court, Rosa Weber, to guide the action.

Toffoli’s measure comes two days after the postponement of the vote in the Fake News PL Chamber, which deals with the same topic.

The action of general repercussion (which affects similar cases) reported by Toffoli deals with the constitutionality of article 19 of the Civil Rights Framework for the Internet, sanctioned in 2014. The norm addresses rights and duties for the use of the internet in the country.

Article 19 of the framework exempts platforms from liability for damages generated by third-party content. In this case, they are only liable to pay compensation, for example, if they fail to comply with a court order of removal.

The Fake News PL, approved in June 2020 in the Senate, proposes changes to these rules, with the so-called duty of care.

The vote in the Chamber was postponed to avoid a defeat by the Luiz Inácio Lula da Silva (PT) government, at the request of the rapporteur, Orlando Silva (PC do B-SP).

Before the vote, Supreme Minister Alexandre de Moraes criticized the big techs’ offensive against the proposal, which included advertising and alerts on their networks, and determined that the Federal Police take depositions from the “presidents or equivalent” of the companies.

Moraes said that the objective was to clarify whether there was abuse of economic power. He said that it is not credible that, after the elections and the coup attacks of January 8, that private message networks and services “are not fully aware of their instrumentalization by various digital militias to disseminate, propagate and expand countless illicit practices on networks social”.

In March, the STF held a public hearing to discuss the issue, which is also addressed in another action reported by Justice Luiz Fux.

On the occasion, Dias Toffoli said that the central theme of the lawsuits on trial is the civil liability of internet platforms for damages resulting from content generated by third parties.

During the meeting, Google and Facebook denied failing to combat illegal content and misinformation and remove publications that violate company policies. The demonstrations were made after ministers of the Supreme returned to defend the regulation of networks.

Toffoli pointed out that self-regulation by platforms is also welcome, just as it exists in the area of ​​advertising. He said that this could avoid several discussions that reach the Judiciary, which would only handle the exceptions.

He also said that there was an increase in depression and suicide among teenagers and mentioned the attacks on the headquarters of the three Powers on January 8 of this year.

He also defended that the analysis of the fake news bill in the Chamber will not interfere with the judgment of the court that deals with the subject. The minister declared that, in Parliament, “non-decision” is a decision, but that in the Judiciary there is no such option.

“They [parlamentares] have the right not to want to decide. We here in the Judiciary do not have that right. We have to decide because we have lives, people and parties that are claiming their rights or their alleged rights, and we have to judge and decide”, he said. “Eventually, if Parliament regulates the matter, we will also face it in the light of the new right,” he added.