Digital platforms to face accountability: Regulation on social media activity is being imposed
Imposing Liability on Social Media Platforms: A Shift in Brazil's Internet Landscape
In a turn of events, six out of eleven Supreme Court judges in Brazil have voted to hold social media giants accountable for criminal posts by their users. This decision, part of the ongoing prosessions for a "civil legal framework for the internet", marks a substantial change in the way social media platforms will be held responsible for user-generated content.
Until now, only Justice André Mendonça had stood against the tightening of liability rules. Appointed by President Jair Bolsonaro in 2022, Mendonça expressed his dissent due to concerns over freedom of speech. He argued that platforms should only be required to act when a court orders them to remove specific content.
This decision is seen as necessary by Mendonça's colleagues in the face of harmful content spread by algorithms, a menace society has been dealing with in Brazil recently. Social media platforms like X, Meta, and Microsoft have played a significant role in amplifying disinformation, especially during the controversial election in 2023 and subsequent events.
Consensus and Dissent
Supporters of the stricter regulation argue that measures are necessary to prevent the spread of illegal content that can lead to violent incidents or endanger young people. Detractors, on the other hand, criticize the new regulations as censorship, a claim backed by the Trump administration in the U.S.
The opposition voices its concerns about overregulation and the implications it might have on freedom of speech. The project is expected to face significant resistance in the conservative-dominated Congress.
The Evolving Internet Framework in Brazil
This new decision builds upon Brazil’s existing "Civil Internet Framework", enacted in 2014, which established principles, rights, and responsibilities for internet users, providers, and platforms. However, the current debate focuses on interpreting the role of these platforms more stringently.
While the specifics of the illegal content that will be treated as such in the future are yet to be defined, operators of online services have expressed their concerns about the new legal framework and the penalties that might ensue for third-party content.
Contributions from Sheila Mysorekar, Andrea Dip, Niklas Franzen, and Peter Steiniger provide valuable insights on various aspects of the evolving internet landscape.
If you're interested in staying updated on the latest news and trends, you might want to sign up for our daily newsletter, nd.Kompakt.
- The stricter regulation of social media platforms in Brazil's Internet landscape aims to hold social-media giants accountable for criminal posts by their users, as a result of the ongoing prosecutions for a "civil legal framework for the internet".
- The debate surrounding the new policy-and-legislation on social media regulation in Brazil focuses on the necessity to prevent the spread of illegal content, which can lead to violent incidents or endanger young people, against concerns raised about its potential impact on freedom of speech and censorship.
- The evolution of Brazil's Internet framework includes the interpretation of roles for social media platforms more stringently, building upon the existing "Civil Internet Framework" enacted in 2014, and is expected to include entertainment, general-news, and politics as subject matters in the regulatory scope.
