Toffoli releases for trial action that questions Marco Civil da Internet

Toffoli releases for trial action that questions Marco Civil da Internet

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Internet Civil Framework

The analysis of the case will be carried out as soon as the president of the STF puts the process on the agenda

Brasilia DF) – Minister Dias Toffoli, of the Federal Supreme Court (STF), released for judgment in the plenary of the court an action that questions points of the new Civil Rights Framework for the Internet, days after the Chamber of Deputies, amid pressure from big techs and parliamentarians from opposition to the government of President Luiz Inácio Lula da Silva, have postponed the vote on the fake news bill.

The resumption of the analysis of the case, however, depends on the president of the STF, Rosa Weber, to put the process on the agenda. For now, according to a source, there is no prediction that this could occur later this month.

One of the points under discussion at the Supreme Court concerns the civil liability of platforms for damages arising from content generated by third parties if they fail to comply with a court order for its removal.

In March, the STF held a round of public hearings with platform representatives and others involved to discuss the action.

Parliamentarians and members of the government favorable to the regulation of social networks, such as the Minister of Justice, Flávio Dino, have already been warning that, even if Congress does not legislate on the subject, the STF will adopt measures through a court decision.

The rapporteur of the bill that intends to regulate social networks in the country, Deputy Orlando Silva (PCdoB-SP), took to Twitter this Friday morning to reinforce his position in favor of advancing the subject in the Legislative.

“I warned you: the bigtechs’ dirty game against PL 2630 is a shot in the foot. They tried to bring the Brazilian State to its knees and now they will have regulation — either by Congress or by the Judiciary. When the smart is too much, it ends up swallowing the smart, ”he said.

The president of the Chamber of Deputies, Arthur Lira (PP-AL), still wants to go ahead with the vote on the proposal after the retreat on Tuesday, amid the risk of defeating the project in plenary, according to a source close to him.

The assessment is that, regardless of the possibility of voting on the internet milestone by the Supreme Court, Lira will seek support in the coming weeks to try to move forward with the fake news PL, reinforced this source.

*With information from Istoé

See more:

Secretary of Digital Policies bets on support for the Fake News PL

TSE has a system for checking fake news and rumors in real time

Lira says that big techs crossed all limits and prevented the Chamber from legislating

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