The US won't like Brazil's latest ruling about digital platforms liability

Brazil’s supreme court just made a move that tightens regulation on social media platforms. The ruling will force these platforms to stand legally responsible for the posts users make with them. 

Thanks to the Supreme Court in Brazil’s new ruling, social media platforms like Facebook, TikTok and X will have to make immediate moves to get rid of material such as hate speech, incitement to violence or “anti-democratic acts”, without a prior judicial go-ahead.

Brazil has become increasingly sensitive toward harmful digital content, especially its impact on young people, and this ruling is a side effect of that.

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Brazil’s Supreme Court’s ruling demands preemptive action

Since news broke about the ruling, critics have weighed in with scathing reviews, some warning it could lead to pre-emptive censorship by the tech groups it targets.

There is also the possibility that the decision could fuel tensions with President Donald Trump’s administration, which has already threatened to hit any foreign national found to be censoring American companies and citizens with visa restrictions.

Just last month, Secretary of State Marco Rubio said Washington was considering sanctioning a Brazilian supreme court judge under the Magnitsky Act, which targets foreign officials for corruption or human rights abuses.

The judge, Alexandre de Moraes, was targeted for temporarily banning X, formerly Twitter, last year after its billionaire owner refused to comply with court orders that demanded he suspend certain accounts.

The ruling on Thursday officially paves the way for Brazilian individuals to be able to sue digital platforms if they refuse to delete illegal content that has been brought to their attention.

In the past, apps and sites only took civil responsibility for damages caused by third-party posts when they refused to comply with judicial orders to take down the offending content.

Eight out of 11 judges have now decided that the previous rule is “no longer sufficient to protect fundamental rights and democracy,” hence the new ruling.

Conservatives concerned about Brazil’s clamor for tougher internet regulation

In recent times, there have been calls for tougher internet regulation in Brazil, especially after riots in Brasília on January 8, 2023, that saw supporters of the far-right former president Jair Bolsonaro storm government buildings, pushing for a military coup.

This is concerning to conservatives in the South American nation who said the ruling, which will be effective once it is officially published, would have a considerable effect on freedom of speech.

Rightwing lawmaker Coronel Chrisóstomo told local broadcaster Jovem Pan that Congress will have to step in if they are to resist censorship.

Tech groups have also responded coldly, with Meta, the parent company of Facebook, Instagram, and WhatsApp, expressing concern for the implications the ruling will have on speech as well as the millions of businesses that rely on their apps for growth and job creation in Brazil.

“[It] brings legal uncertainties and will have significant consequences for free expression, innovation and digital economic development, significantly increasing the risk of doing business in Brazil,” Meta said.

Google expressed similar sentiments, saying it had already expressed “concerns about changes that could impact freedom of expression and the digital economy”, before adding that it was analysing the decision.

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