The Federal Supreme Court (STF) has ruled, by 8 votes to 3, that social networks and other digital platforms must be liable civilly by content considered criminals published by their users. The decision was taken in the resumption of the trial on article 19 of the Civil Mark of the Internet, which provides for the court order requirement for the withdrawal of publications. The ministers considered the article partially unconstitutional and established parameters for a new understanding of the role of platforms.
During the session, which began later due to the definition of the thesis to be adopted, the ministers diverged to how much networks should be held responsible. Ministers Nunes Marques, Edson Fachin and André Mendonça voted against the direct liability of the platforms, arguing in defense of freedom of expression as a stone clause of the Constitution. They have argued that companies should only create compliance mechanisms to guarantee users’ rights, such as accessible channels for content removal contestation.
Most ministers considered that Article 19 does not offer sufficient protection to users and imposes a duty to care for platforms. This means that in cases of mass published content that incite crimes such as terrorism, suicide, undemocratic acts, discrimination, violence against women and children, among others, social networks should act immediately after notification, even without court decision. Responsibility intensifies especially when there is paid boost or use of robots.
The rapporteur of the case, Minister Dias Toffoli, highlighted the collective construction of the thesis by the ministers and was thrilled to comment on the process. The decision also covers services such as email applications, and instant messengers, establishing that everyone should ensure greater transparency and respect for Brazilian law. With this, the STF establishes a new milestone for the responsibility of Big Techs, with direct impacts on the operation and moderation of content on digital platforms in Brazil.
