The Brazilian Supreme Court (STF) is set to begin hearings on November 27 regarding three pivotal cases that could reshape the operational landscape of social media platforms in Brazil. These cases focus on the accountability of internet providers in removing illegal content, such as misinformation and hate speech, without prior judicial authorization.
The proceedings involve key reports from Justices Luiz Fux, Edson Fachin, and Dias Toffoli, and their outcomes could redefine how platforms manage user-generated information, impacting the implementation of the Internet Civil Framework (Law 12.965/2014).
One significant case, reported by Justice Toffoli, examines the constitutionality of Article 19 of the Internet Civil Framework, which currently mandates a judicial order for holding providers accountable for illicit content. A ruling here could alter the existing requirement for judicial intervention before the removal of offensive or illegal material.
Justice Fux’s case questions whether companies hosting websites and platforms should independently monitor and remove offensive or misleading content. This aspect of the ruling will address the limits of social media responsibilities and the obligations of companies managing these services.
Lastly, Justice Fachin’s case evaluates the legality of judicial decisions that block messaging apps like WhatsApp. The court will assess the balance between punitive measures against platforms and user rights.
Last year, the STF held a public hearing to discuss these issues with experts, public sector representatives, and civil society organizations, aiming to gather technical, economic, and legal arguments to inform their decisions.
Among the topics under review is Facebook's appeal regarding the constitutionality of Article 19, and a case from Google discussing provider responsibility for storing user-generated offensive content. Additionally, the Cidadania party has filed a motion to prohibit judicial decisions that suspend digital platforms.