Actions on the subject are being processed by the Court; rapporteurs requested a joint trial
The president of STF (Federal Supreme Court), Roberto Barroso, stated this Wednesday (September 25, 2024) that the analysis of cases dealing with the regulation of social networks in the Court should be left until after this year’s municipal elections. In Barroso’s assessment, for the election, there are already resolutions from the TSE (Superior Electoral Court) on the matter.
The issue is also being addressed in Congress. In June, the Speaker of the House, Arthur Lira (PP-AL), created a committee to deal with the bill 2,630 of 2020known as PL das fake newsbut nothing has been defined yet.
Barroso states that “it is very difficult to build a legislative consensus”. However, he says that the impasse is not exclusive to Brazil and occurs all over the world.
“As problems arise before the courts, they have to decide. The Supreme Court will soon decide. What we agreed, at the request of the rapporteurs of the two cases that are before the Supreme Court, is to decide this matter after the elections, so as not to change the regulation. Especially because the TSE already has resolutions on this matter.”he told journalists after an event on AI (Artificial Intelligence) in the Judiciary in CNJ (National Council of Justice).
In August, even before the blocking of X (formerly Twitter), Dias Toffoli, Luiz Fux and Edson Fachin, rapporteurs of actions that address the issue, requested a joint trial of the cases preferably for November. It is up to the president of the Court, Barroso, to set the date.
One of the cases, which is being reported by Toffoli, questions the constitutionality of Article 19 of the Internet Civil Rights Framework Law. The provision requires that a specific court order be issued before websites, internet providers and social media apps are held liable for harmful content published by others.
Fux’s case discusses the responsibility of application or internet tool providers for content produced by users and the possibility of removing content that may offend personality rights, incite hatred or spread fraudulent news.
There is still a 3rd action that concerns the topic, by Minister Fachin, which analyzes the possibility of blocking WhatsApp by judicial decisions, analyzing whether the blocking violates the right to freedom of expression and communication and the principle of proportionality.
REGULATION OF NETWORKS
At the event on Wednesday (25), Barroso once again defended the regulation of networks and criticized the “perverse incentive” of platforms that results in greater engagement of content that spreads misinformation and offenses.
“Engagement, unfortunately, is higher when what you are circulating is misinformation, aggressive speech, conspiracy theories, offenses, and sometimes lies. It gets more clicks than moderate speech.” […] There is a perverse incentive, which is to spread evil, because it brings in more money. And that is why all over the world, to some extent, there is a search for regulation of digital platforms.”he stated.
Regarding AI, the minister says that, unlike networks, regulation aims to protect not against developer companies, but above all against “bad actors” who can use technology to “massify disinformation”. He cites, for example, the deep fakes –technique that allows you to alter a video or photo with the help of technology.
“Because the day we can no longer believe in what we see and what we hear, freedom of expression will have lost its meaning and that is a problem, it is a great loss for humanity, for democracy.”he said.
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