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August 24, 2024
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STF may rule in November on actions regarding the removal of digital content

STF may rule in November on actions regarding the removal of digital content

Three actions that deal with the responsibility of providers in removing content with misinformation and disseminating hate speech extrajudicially, without an express determination by the Court, may be judged, in November, by the Federal Supreme Court (STF).STF may rule in November on actions regarding the removal of digital content

Ministers Luiz Fux, Edson Fachin and Dias Toffoli released the cases reporting on the matter for judgment this Friday (23). The rapporteurs asked the president of the STF, Luís Roberto Barroso, that the cases be analyzed by the Court in November. It will be up to the president to set the date of the judgment.

In the case of the action reported by Dias Toffoli, the Court will judge the constitutionality of the rule of the Civil Rights Framework for the Internet (Law 12.965/2014) which requires a prior court order to hold providers accountable for unlawful acts.

In the case reported by Minister Fux, the STF will discuss whether a company that hosts a website on the internet must monitor offensive content and remove it from the air without judicial intervention.

The action reported by Fachin discusses the legality of blocking the WhatsApp messaging application by court decisions.

Last year, the Supreme Court held a public hearing to discuss the rules of the Internet Civil Rights Framework.

The objective was to hear experts and representatives from the public sector and civil society to obtain technical, economic and legal information before judging the issue.

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