Brazil’s Supreme Court has just moved to tighten restrictions on social media platforms. The judgment enforces these platforms to hold users liable for posts they make with them.
Thanks to the Supreme Court in Brazil’s new ruling, social media platforms such as Facebook, Tiktok and X must move immediately to remove material such as hate speech, incitement to violence, and “anti-democratic acts” without the progress of previous judiciary.
Brazil has become increasingly sensitive to harmful digital content, particularly to young people, and this ruling is a side effect.
https://twitter.com/bolsonarosp/status/1938714862739501299?s=46
Brazil’s Supreme Court ruling calls for preemptive action
Critics have been heavy with scathing reviews since the news was broken about the ruling, but there are warnings that could lead to preemptive censorship by the targeted technology groups.
The decision could also foster tensions with President Donald Trump’s administration. This already threatens to attack foreigners who are found to be censoring American businesses and citizens with visa restrictions.
Last month, Secretary of State Marco Rubio said Washington was considering sanctioning a Brazilian Supreme Court judge under the Magnitsky Act to target foreign officials for corruption or human rights abuse.
Judge Alexandre des Moraise aimed to temporarily ban previous Twitter last year after billionaire owners refused to comply with a court order requesting that certain accounts be suspended.
The ruling on Thursday officially paves the way Brazilian individuals can sue their digital platforms if Brazilian individuals refuse to remove illegal content that caught their attention.
In the past, apps and sites have only been civilly liable for damages caused by third party postings if they refused to comply with a judicial order to defeat problematic content.
Eight of the 11 judges decided a new ruling as they determined that the previous rules were “no longer enough to protect fundamental rights and democracy.”
Conservatives are concerned about Brazil’s cry for stricter internet restrictions
Recently, stricter internet restrictions have been called for in Brazil, particularly after the riots in Brasilia on January 8, 2023, and former far-right president Jia Bolsonaro has seen supporters of the government buildings and pushed for a military coup.
This concerns conservatives in South America who have said that the ruling that once it is officially made effective has a major impact on freedom of speech.
Right-wing MP Coronel Chrysostomo told local broadcaster Jovem Pan that if Congress resists censorship, he must step in.
The Technology Group has responded calmly by Facebook, Instagram and WhatsApp parent company Meta, which has raised concerns about the ruling of the millions of companies that rely on speeches and on growth and job creation in Brazil.
“(It) brings about legal uncertainty, significant consequences for free expression, innovation and digital economic development, and significantly increase the risk of doing business in Brazil,” Meta said.
Google expressed similar sentiment, saying it had already expressed “concerns about freedom of expression and the potential change that could affect the digital economy.”
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