STF postpones judgment that may impose the regulation of social networks

The Federal Supreme Court (STF) postponed the judgment, which was scheduled for this Wednesday (17), of two actions that may force social networking platforms and internet providers to withdraw content without a court order. The resumption of the theme, which can be a means of imposing the regulation of social networks even without the vote in Congress on the so-called PL of Fake News, should be done in the second half of June.

The topic under discussion is article 19 of the Civil Rights Framework for the Internet, which provides for the need for a court order for the removal of user content. The device was created to ensure (theoretically, impartial) mediation between platforms and users, leaving it to a judge to decide, analyzing the legislation in force, to maintain legitimate manifestations (to guarantee freedom of expression) or to order the removal of content considered to be illegal.

The actions under discussion in the STF were filed by Google and Facebook. These are extraordinary appeals from court decisions that imposed fines of BRL 10,000 each on companies, because of offensive posts to people inserted on the platforms by third parties. In both cases, the companies agreed to remove these posts after a court order, but not to pay for the time they remained on the air before being evaluated by the Judiciary, hence the appeal to the STF.

The fear of relativizing Article 19 is opening a loophole for the Judiciary and the government to impose massive surveillance on the networks for the removal of content, with threats of fines and other sanctions, which may prevent the transmission, through messages and videos, of legitimate opinion, with criticism of authorities, for example.