Summary
- The STF ruled that social networks and online services are responsible for hateful content, changing the interpretation of article 19 of the Marco Civil da Internet.
- Platforms must prevent and curb discriminatory publications, with monitoring mechanisms and rapid response to complaints.
- The decision requires a review of platforms’ moderation policies, in line with legislation such as the European Union’s Digital Services Act.
The Federal Supreme Court (STF) published, this Wednesday (05/11), the trial decision that changes the interpretation of article 19 of the Marco Civil da Internet, of 2014. By majority, the ministers decided that platforms such as X, YouTube, TikTok and Instagram will now be responsible for the content broadcast on the platform.
In this way, the Supreme Court now understands that the moderation duty of platforms must extend to cases of hate speech, especially those that attack groups protected by Law 7,716/1989, which criminalizes practices of racial, religious or origin discrimination. The decision was formalized in the rulings of Extraordinary Appeals 1,037,396 and 1,057,258.
With the new interpretation, platforms will have an obligation to prevent and curb publications that constitute crimes of discrimination, and it is up to them to maintain mechanisms for monitoring and responding quickly to complaints.
The change brings Brazil closer to legislation such as the European Union’s Digital Services Act (DSA), used as an example of user protection and the accountability of large platforms.
Platforms must review policies
With the publication of the rulings, the understanding becomes binding, that is, it must guide decisions made by courts across the country. The decision does not revoke the Marco Civil, but redefines the way its article 19 is applied, creating an exception for cases of hate speech and discrimination.
For platforms, the new scenario requires a review of internal moderation and response policies to complaints, especially in relation to racist, homophobic, transphobic and anti-Semitic content – recognized by the STF itself, in previous decisions, as equivalent hate crimes.
However, on the opposite path, big techs themselves have adopted an opposite stance internally. Meta, owner of Facebook, Instagram and Threads, this year rewrote its “hateful conduct” policies, replacing sections that previously prohibited accusations and dehumanizing descriptions against minorities.
X/Twitter promoted cuts in moderation teams and the reinstatement of accounts previously banned for violating hate rules. The measures were adopted after Elon Musk joined the business.
Source: https://tecnoblog.net/noticias/stf-publica-decisao-que-muda-entendimento-sobre-marco-civil-da-internet/
