DIGITAL LIFE

Big tech's will have to comply with the law in Brazil: Instagram, Facebook, X and TikTok are required to remove illegal content in Brazil even without a court ruling

The Brazilian Supreme Court (STF) ruled this Thursday(26/06) in favor of tougher regulation of social networks, in a country where the fight against disinformation is an important political issue.

Platforms such as X, TikTok, Instagram or Facebook must now immediately remove illegal content, such as that which advocates terrorism, child pornography or incites hatred, without waiting for a judge's decision. Technology companies may also be held liable for damages caused if they do not remove content after being informed by an internet user or notified by a judge.

Eight of the court's 11 judges voted in favor of the partial unconstitutionality of an article of a Brazilian law, according to which platforms can only be held liable when they ignore a court ruling. The Supreme Court was evaluating appeals that attempted to prevent the application of the ruling.

"We have preserved freedom of expression to the greatest extent possible, without, however, allowing the world to collapse into an abyss of incivility," said the president of the STF, Luis Roberto Barroso.

For magistrate Kássio Nunes, one of the three judges who voted against greater accountability for technology giants, "civil liability lies primarily with the agent who caused the damage" and not with the platforms.

In a note sent to the Agence France-Presse (AFP), Google expressed concern about the change in Brazilian regulations and warned that it could have "an impact on freedom of expression and the digital economy."

Debates on social media have been livening up Brazil's highest court for several months, gaining particular importance in 2024, when judge Alexandre de Moraes ordered access to platform X to be blocked for having ignored a series of court decisions related to the fight against disinformation.

X was blocked for 40 days in Brazil, with its owner, billionaire Elon Musk, calling Moraes a dictator who threatens freedom of speech, before giving in to the demands.

These deliberations took place alongside the trial of former far-right president Jair Bolsonaro and several former collaborators for an attempted coup in 2022, following his election defeat to leftist candidate and current president Luiz Inácio Lula da Silva.

According to the Public Prosecutor's Office, the alleged coup plotters used misinformation on social media to question the electronic voting system and justify a coup, which ultimately did not happen.

mundophone