The deadline for sending contributions to the public consultation on the content moderation policy of digital platforms in Brazil ends today (27). Opened on the 17th, the consultation aims to receive input from civil society, academia, digital platforms, digital checking agencies, as well as public and private institutions on the topic.
Contributions and subsidies on the topic must be sent by Participa + Brazil platform until 6pm this Monday.
These subsidies will be used to combat misinformation – such as the spread of fake news -, the promotion and protection of fundamental rights on digital platforms. The results will be systematized and forwarded to the Federal Supreme Court (STF) in judgments on the topic.
In November last year, the Court began judging two actions that deal with the civil liability of internet platforms for third-party content and the possibility of removing offensive content or content that incites hatred based on extrajudicial notification, that is, without determining judicial.
The Supreme Court judges the constitutionality of Article 19 of the Marco Civil da Internet (Law 12,965/2014), a rule that established the rights and duties for the use of the internet in Brazil.
According to Article 19, “in order to ensure freedom of expression and prevent censorship”, platforms can only be held responsible for their users’ posts if, after a court order, they do not take steps to remove the content.
In the first action, reported by Minister Dias Toffoli, the court judges the validity of the rule that requires a prior court order to hold providers responsible for illicit acts. The case concerns an appeal by Facebook to overturn a court decision that condemned the platform for moral damages for creating a false profile of a user.
In the second case reported by Minister Luiz Fux, the STF discusses whether a company that hosts a website on the internet must monitor offensive content and remove it from the air without judicial intervention. The appeal was filed by Google.
THE trial was suspended on December 18th, after a request from minister André Mendonça.
Contributions will also be sent to the National Congress, where projects on regulating the sector are being processed, and will contribute to eventual administrative acts by the federal government on the topic.
To date, the Attorney General’s Office (AGU), responsible for the consultation, reported that it had already received 61 contributions.
