The STF is holding a public hearing to discuss the rules of the Internet Civil Rights Framework
Judges are reporters of actions that question Article 19 of the law, which exempts platforms from liability for user content if they do not comply with a court order to remove them.
Ministers Díaz Toffoli and Luis Fuchs of the Federal Supreme Court (STF) convened a public hearing on March 28 on the rules of the Internet Civil Rights Framework. Magistrates are reporters of actions that question Article 19 of the law, which exempts platforms from liability for user content if they do not comply with a court order to remove them.
The public hearing will discuss the possibility of forcing platforms to actively remove content that incites hatred or spreads misinformation, that is, even before a court order. The issue came to light after the government of Luis Inacio Lula da Silva (PT) discussed a temporary measure to change Article 19. After the criticism, Planalto backed down, but the proposal to change the law has yet to enter the Fake News PL, which is expected by 2013. Congress.
The action reported by Minister Fax discusses whether website hosts have a duty to monitor posted content and remove offensive postings from the air without judicial intervention. The lawsuit filed by Minister Toffoli discusses the constitutionality of the Marco Civil da Internet rule, which states that Internet providers will only be liable for the actions of third parties if they do not comply with a court order.
Actions have been in court since 2017. A hearing on the matter was already scheduled for March 2020, but was postponed due to the pandemic.